Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 130/PW/2018
(Judgment)
MHMM190013102018
Received on : 10/01/2018,
Registered on : 10/01/2018,
Decided on : 14/01/2022,
Duration : 04 Y. 00 M. 04 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; : 130/PW/2018
(b) The date of commission of
the offence;
: 29/01/2017
(c) The name of the complainant
(if any);
: The State (Meghwadi Police Station
in C. R. No. 29/2017).
(d) The name of the accused
persons and their parentage
and residence;
: 1. Asif Abdul Mannan Shaikh,
Age : 36 Yrs. Occ. : Driver,
2. Wasim Abdul Mannan Shaikh,
Age : 22 Yrs. Occ. : Garment work,
Both accused R/o : Room No. 02,
Musa Zaveri Chawl, New Andheri
Plot, Jogeshwari (East), Mumbai.
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2 C. C. NO. 130/PW/2018
(Judgment)
(e) The offences complained of
or proved ;
: Under Sections 324 and 504 read
with Section 34 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 are acquitted.
(h) The date of such order; : 14/01/2022,
Mr. Shah, APP for the State.
Mr. Kerkar, Advocate for the accused.
J U D G M E N T
(Delivered on 14/01/2022)
1. The accused are prosecuted for the offences punishable under
Sections 324 and 504 read with Section 34 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that the informant Asif
Nasruddin Shaikh and the accused are residents of same area. The accused are
brothers. On 29/01/2017 at about 10.20 p.m. the accused picked the quarrel
with the informant on the count of parking the motorcycle by the informant in
the lane of the house. Both the accused hurled abuses against the informant.
They also started to beat him. Accused no.1 gave fist blow on the face of the
informant. At that time some hard article was in the hand of accused no.1.
Due to which the informant sustained injury on his right cheek. After the
incident initially the informant went to Cooper hospital for medical treatment
and thereafter he went to police station Meghwadi and lodged report against
the accused.
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(Judgment)
3. On the basis of the report given by the informant, crime no.
29/2017 came to be registered against the accused. The accused came to be
arrested. During investigation I.O. visited spot of the incident and drawn spot
panchanama there. During further investigation I.O. collected injury report of
the informant and recorded statement of the witnesses. After completion of
investigation, he 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 any incriminating
evidence came on record during 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 dangerous weapon ?
No.
2] Does the prosecution prove that the accused
intentionally insulted the informant ?
No.
3] What order ? The accused are
acquitted.
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(Judgment)
REASONS
AS TO POINT NOS. 1 TO 2 :
6. These points are interconnected with each other, therefore, they
are taken up together for consideration and determination.
7. The informant Asif Shaikh (P.W.1) deposes at Exh. P04 that the
accused are residents of his area. The incident took place in the year 2017
during night time near his house. At the time of the incident heated argument
had taken place between him and few persons of the area due to reason of
parking of motorcycle. He had given report of the said incident to police.
F.I.R. dt. 31/01/2017 bears his signature, but he is not aware about it’s
contents. The informant has not supported the case of prosecution. In the
crossexamination by learned APP, the informant denied that at the time of the
incident on 29/01/2017 at about 10.20 p.m. the accused quarreled with him
due to reason of parking of motorcycle and at that time both the accused
hurled abuses against him and accused no. 1 gave a blow of hard object on his
face and due to which he sustained injury to his right cheek. In the cross
examination by the defence side, the informant stated that due to compromise
he does not want to proceed with the matter. He want to close the matter.
8. I have gone through the record. The case is more than 04 years
old. The prosecution has examined only the informant and he has not
supported the case of prosecution. The informant has filed compromise pursis
(Exh. 03) on record. From the record it is clear that due to compromise
between the parties, the informant has not stated anything against the accused.
No any incriminating evidence against the accused came on record in the
evidence of the prosecution. The prosecution failed to prove the charges
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(Judgment)
levelled against the accused. Hence, I answer point nos. 1 and 2 in the
negative.
AS TO POINT NO. 3 :
9. The prosecution failed to prove guilt of the accused. Therefore,
the accused are liable to be acquitted. In the result, in answer to point no. 3, I
pass the following order.
ORDER
1] The accused are 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.
2] Bail bond of the accused stands cancelled and they be set at liberty.
3] The accused to execute P. R. Bond of Rs. 15,000/ each 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 them for their appearance in the matter in which
present judgment is challenged, if any.
Sd/
Place : Mumbai.
Date : 14/01/2022.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
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6 C. C. NO. 130/PW/2018
(Judgment)
Dictated On : 14/01/2022,
Transcribed On : 14/01/2022,
Checked and Signed On : 14/01/2022,
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