Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 189 / PW / 2018.
C/S filed on : 12.01.2018.
Decided on : 01.06.2023.
Duration : 05 Y, 04M & 18 D
Exh. 9
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY SMT. R. M. SHAIKH)
(a) The serial number of the
case.
: C. C. No. 189 / PW / 2018.
(b) The date of the commission
of the offence.
: 28.09.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.571/2017)
(d) The name of the accused
person and his parentage
and residence;
: 1. Murgan Kandvel Pandaram
Age : 34 years, Occ : Service,
Res : Vileparle (W), Mumbai.
2.Santoshi Murgan Pandaram
Age : 33 years, Occ : Service,
Res : Housewife (W), Mumbai.
(e) The offence complained of : Under sections 324, 504 r/w
34 of the Indian Penal Code.
(f) The plea of the accused and
his examination.
: The accused pleaded not
guilty.
(g) The final order : The accused are acquitted.
(h) The date of such order : 01.06.2023.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri Shah
Advocate for the accused : Shri. Dattatray Papal
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- 2 - C. C. No. 189 / PW / 2018.
JUDGMENT
The accused are facing trial for the offences punishable
under sections 324, 504 r/w 34 of the Indian Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Rajesh
Ramchandra Betkar came to be recorded at Exh.7. He has not
supported the case of prosecution. As no incriminating evidence
has come on record against the accused, hence, his statement
under section 313 of the Code of Criminal Procedure is dispensed
with. Heard learned APP for the State and Ld. Advocate for the
accused. Perused the oral and documentary evidence brought on
record.
3 In so far as evidence on record is concerned, PW1 is the
informant/victim in this case. He has not supported the case of
prosecution. Per contra, he has denied the incident of causing hurt
to him by accused. So also the matter is amicably settled between
informant and accused and they have filed pursis and affidavit
at Exh.6. The prosecution has not examined panch witness,
medical officer and Investigating officer in view settlement. Hence,
prosecution has failed to prove the guilt of accused beyond all
reasonable doubt and the accused is liable to acquitted. In the
result I proceed to pass following order :-
O R D E R
i Accused 1. Murgan Kandvel Pandaram and
2.Santoshi Murgan Pandaram are acquitted of the
offences punishable under sections 324, 504 r/w
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- 3 - C. C. No. 189 / PW / 2018.
34 of the Indian Penal Code vide Sec.248 (1) of
the Code of Criminal Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bonds of
Rs.10,000/- each under section 437(A) of the
Code of Criminal Procedure.
sd/-
Dt. 01.06.2023. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 01.06.2023
Transcribed on : 01.06.2023
Signed on : 01.06.2023
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