Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.No.328/PW/2018
Received on : 24/01/2018
Registered on : 24/01/2018
Decided on : 25/01/2022
Duration : 05 Y. 00 M. 01 D.
Exh. : 04
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY A. I. SHAIKH)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
C.N.R NO.MHMM190010982018
(a) The serial No. of the case; : C.C.No.328/PW/2018
(b) The date of commission of
the offence;
: 22/07/2017
(c) The name of the
complainant
(if any);
: The State (Versova Police
Station in C. R. No. 250/2017).
(d) The name of the accused
person and his parentage
and residence;
: 1] Anil Laxman Raut,
Age 30 Yrs
Occupation – Driver,
2] Asha Prakash Tayade,
Age 23 Yrs.
Occupation – Housework,
3] Ganpat Bajarang Balghare,
(Abated)
4] Prakash Sahebrao Tayade,
Age – 31 Yrs.
Occupation – Service,
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5] Vandana Anil Raut,
Age – 24 Yrs.
Occupation – Driver,
All R/o. Siddharth Nagar
Zopadpatti, Char Bangala,
Mhada, Andheri (West),
Mumbai.
(e) The offence complained of
or proved ;
: Under Sections 324, 143, 144,
147, 148, 149, 504, 506 (2) of
the Indian Penal Code.
(f) The plea of the accused and
his examination (if any);
: The accused pleaded not guilty.
(g) The final order; : The accused no.1, 2, 4 and 5 are
acquitted.
(h) The date of such order; : 25/01/2023
Ms. Seema Mokal, Ld. APP for the State.
Mr.Dilip Patil, Advocate for all accused .
J U D G M E N T
( Delivered on 25/01/2023. )
1. The accused are prosecuted for the offences punishable
under Sections 324, 143, 144, 147, 148, 149, 504, 506 (2) of the Indian
Penal Code.
During the course of trial accused No.3 Ganpat Bajarang
Balghare was expired. Hence, case is abated against him.
2. It is the case of the prosecution is that on 22/07/2017 at
about 21.45 hrs. one person namely Anil came to the shop of informant
and demand Rs.500/ on credit. He told him 'Dukan Band Hai Ye Koi
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Aaneka Time Hai'. Therefore, he become angry and he open the shutter
of shop. The accused Anil left from the shop and come again alongwith
two persons. Out of them one person is namely Prakash Tayade who
was resided in the area of informant. They all three abused them. They
trying to convince them. They call more ladies and gents to the spot.
They all started to throw the stone with them. One of the accused
namely Asha Prakash Tayade pelted the stone to informant. Therefore,
he sustained injury on his left cheek. Accused Anil Raut also thrown the
stone to the brother of informant namely Sumit Paliwal. Therefore, he
injury on his right hand thumb. Thereafter, he called his brother
namely Devilal Paliwal to the spot. He also sustained head injury by
stone. Rohit Singh who was also residing in the same area was also
sustained head injury. Accused Prakash Tayade threatened the
informant by carrying the stone in his hand. Thereafter, his brother
Sumit made call on 100 number. Police reached to the spot. Thereafter,
he alongwith Devilal Paliwal went to Cooper Hospital for medical
treatment. After taking medical treatment informant lodged report
against accused persons.
3. On the basis of the report given by the informant, crime
No. 250/2017 came to be registered against the accused persons. I.O.
arrested the accused. During further investigation I.O. prepared spot
panchanama, recorded statement of witnesses and after completion of
investigation, I.O. filed chargesheet.
4. The charge is framed against the accused no.1,2,4 and 5
for the above mentioned offences. The accused pleaded not guilty and
claimed to be tried. The prosecution has examined only one witness.
As no incriminating evidence came on record in the evidence of the
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prosecution, the statement of the accused persons 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 accused
no.1, 2, 4 and 5 alongwith abated accused
no.3 and other unknown ladies and gents,
were the members of an unlawful
assembly that in prosecution of their
common object voluntarily grievous hurt
to the informant and witness by means of
stone which are used as the instrument of
offence likely to cause death?
In the negative
2] Does the prosecution prove that accused
no.1, 2, 4 and 5 alongwith abated accused
no.3 and other unknown ladies and gents,
were the members of an unlawful
assembly and, in prosecution of the
common object to commit offence?
In the negative
3] Does the prosecution prove that accused
no.1, 2, 4 and 5 alongwith abated accused
no.3 and other unknown ladies and gents,
were being armed with deadly weapon
namely stone, were a member of an
unlawful assembly, the common object
was to over awe by criminal force to
public servant in exercise of lawful power
of such public servant?
In the negative
4] Does the prosecution prove that accused
no.1, 2, 4 and 5 alongwith abated accused
no.3 and other unknown ladies and gents,
were the member of an unlawful assembly
that in prosecution of their common object
of the said assembly to commit offence,
In the negative
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committed offence of rioting?
5] Does the prosecution prove that accused
no.1, 2, 4 and 5 alongwith abated accused
no.3 and other unknown ladies and gents,
were a member of an unlawful assembly
and were at the time armed deadly
weapon namely stone?
6] Does the prosecution prove that accused
no.1, 2, 4 and 5 alongwith abated accused
no.3 and other unknown ladies and gents,
were the members of an unlawful
assembly that in prosecution of their
common object intentionally insulted the
informant and witness by abusing them
and thereby gave provocation to them
intending or knowing it to be likely that
such provocation will cause them to break
public peace?
7] Does the prosecution prove that accused
no.1, 2, 4 and 5 alongwith abated accused
no.3 and other unknown ladies and gents,
were the members of an unlawful
assembly that in prosecution of their
common object committed criminal
intimidation by threatening to cause death
of informant with intent to cause an alarm
to him?
8] What order ? All accused are
acquitted.
REASONS
AS TO POINT NOS. 1 TO 7 :
6. These points are interconnected with each other, therefore,
they are taken up together for consideration and determination.
7. Mr.Sumit Badrilal Paliwal (P.W.1) deposes at Exh. P3 that
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on the day of incident there was verbal exchange between him and
accused. His brother had filed complaint against the accused persons in
the anger. Police had recorded his statement. His brother Kailas now is
resided at Rajasthan and he is not ready to come back for the evidence.
As the witness is not supporting to the prosecution case with permission
of the Court the Ld. A.P.P. asked leading question in which P.W.No.1,
witness denied that accused have assaulted him. He further denied that
he and his brother had got injury thereof and he has deposing false to
save the accused persons.
8. I have gone through the record. The prosecution has
examined only one witness. The informant has filed pursis that the
matter is amicably settled out of the Court with the accused and he do
not want to proceed further. No any incriminating evidence came on
record against the accused during evidence of the witness. The
prosecution failed to prove the charges levelled against the accused.
Hence, I answer Point No. 1 to 7 in the negative.
AS TO POINT NO.8:
9. The prosecution failed to prove guilt of the accused
persons. Therefore, the accused are liable to be acquitted. In the
result, in answer to Point No.8, I pass the following order.
ORDER
1 The accused no.1 Anil Laxman Raut, accused no.2 Asha
Prakash Tayade, accused no.4 Prakash Sahebrao Tayade and
accused no.5 Vandana Anil Raut are acquitted of the offences
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punishable under Sections 324, 143, 144, 147, 148, 149, 504,
506 (2) of the Indian Penal Code vide Section 248 (1) of the
Code of Criminal Procedure.
2 Bail bonds of the accused stands cancelled.
3 The accused no. 1, 2, 4 and 5 to execute P.R. Bond of
Rs.15,000/ (Rupees Fifteen Thousand Only) each vide Section
437–A of the Code of Criminal Procedure for appearance
before the higher court, if said court issues notice to them for
their appearance.
The Judgment is transcribed directly on the computer and
pronounced in open Court.
(A. I. Shaikh)
Date : 25/01/2023 Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
spj
Typed on : 25.01.2023
Signed on : 25.01.2023
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