Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 337/PW/2018
(Judgment)
MHMM190008002018
Received on : 29/01/2018
Registered on : 29/01/2018,
Decided on : 25/08/2021,
Duration : 03 Y. 06 M. 27 D.
Exh. : 05
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY IMRAN R. MARCHIYA)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 337/PW/2018
(b) The date of commission of
the offence;
: 30/04/2017
(c) The name of the complainant
(if any);
: The State ( Meghwadi Police Station in
C. R. No. 118/2017).
(d) The name of the accused
persons and their parentage
and residence;
: Siddharth @ Bazar Rajesh Narkar,
Age : 26 Years, Occ. : Driver,
R/o. Tailor Mirajkar Chawl, Ambika
Nagar, Majaswadi, Jogeshwari (E),
Mumbai.
(e) The offence complained of
or proved ;
: Under Sections 324 and 504 of the
Indian Penal Code.
(f) The plea of the accused and
their examination (if any);
: The accused pleaded not guilty.
g) The final order; : The accused is acquitted.
(h) The date of such order; : 25/08/2021,
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2 C. C. NO. 337/PW/2018
(Judgment)
Mr. Shah, APP for the State.
Mr. Kerkar, Advocate for the accused.
J U D G M E N T
(Delivered on 25/08/2021)
1. The accused is prosecuted for the offences punishable under
Sections 324 and 504 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that the informant
Kamlesh Tulshiram Rajput and the accused are residents of same area. On
30/04/2017 at about 2.15 p.m. the accused was harassing one old aged person
of the area. The informant asked the accused not to harass the old person.
Thereafter the accused started to hurl abuses against the informant. The
accused also assaulted the informant by means of broken beer bottle. Due to
which the informant sustained injury to his left shoulder, back, left hand and
left cheek. After the incident the informant took medical treatment at Trauma
Care Hospital. Thereafter the informant lodged report of the incident in police
station Meghwadi.
3. On the basis of the report given by the informant, crime no.
118/2017 came to be registered against the accused. During investigation I.O.
arrested the accused. He drawn spot panchanama on the spot of the incident
and collected injury report of the informant. He recorded statement of
witnesses. After completion of investigation, I.O. filed chargesheet.
4. I framed charge (Exh.2) against the accused for the above
mentioned offences. The accused pleaded not guilty and claimed to be tried.
The prosecution has examined only the informant. As no incriminating
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3 C. C. NO. 337/PW/2018
(Judgment)
evidence came on record in the evidence of the prosecution, statement of the
accused under Section 313 of the Code of Criminal Procedure came to be
dispensed with.
5. The points for determination alongwith my findings thereon as
under :
POINTS FINDINGS
1] Does the prosecution prove that the accused
voluntarily caused hurt to the informant by
means of broken beer bottle ?
No.
2] Does the prosecution prove that the accused
intentionally insulted the informant ?
No.
3] What order ? The accused is
acquitted.
REASONS
AS TO POINT NOS.1 AND 2 :
6. The informant Kamlesh Rajput (P.W.1) deposes at Exh. P04 that
the accused is resident of his area. The incident took place prior to about 3
years during afternoon time on the road of their area. At the time of the
incident he was passing through the road. At that time some boys were
playing on the road and they gave push to him, due to which he fell down. He
sustained injury to his shoulder, back and face. He had given report of the
incident to police. F.I.R. dt. 30/04/2017 is having his signature, but he is not
aware about its contents. The informant has not supported the case of the
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4 C. C. NO. 337/PW/2018
(Judgment)
prosecution. In the crossexamination by learned A.P.P., the informant denied
that at the time of the incident on 30/04/2017 the accused was harassing one
old aged person of their area and when he tried to convince the accused not to
harass him, the accused assaulted him by means of beer bottle. He also
denied that due to assault of the accused he sustained injury on his left
shoulder, back, wrist and left side cheek. The informant admitted that due to
compromise between him and the accused, he does not want to proceed with
the case.
7. I have gone through the record. The informant has not supported
the case of prosecution. The informant and the accused have filed joint
compromise pursis (Exh.3) on record. From the record it is clear that due to
compromise between parties, the informant has not stated anything against the
accused. No any incriminating evidence came on record against the accused.
The prosecution failed to prove the charges levelled against the accused.
Hence, I answer point nos. 1 and 2 in the negative.
AS TO POINT NO.3 :
8. The prosecution failed to prove guilt of the accused. Therefore,
the accused is liable to be acquitted. In the result, in answer to point no.3, I
pass the following order.
ORDER
1] The accused is acquitted of the offences punishable under Sections
324 and 504 of the Indian Penal Code vide Section 248 (1) of the
Code of Criminal Procedure.
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(Judgment)
2] Bail bond of the accused stands cancelled and he be set at liberty.
3] The accused to execute P. R. Bond of Rs. 15,000/ with one solvent
surety vide Section 437 – A of the Code of Criminal Procedure for
appearance before the higher court, if said court issues notice to him
for his appearance in the matter in which present judgment is
challenged, if any.
Sd/
Place : Mumbai.
Date : 25/08/2021.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
Dictated On : 25/08/2021,
Transcribed On : 25/08/2021,
Checked and Signed On : 25/08/2021,
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