Final Order 1

Order Details: Copy  of Judgment
Pdf Text: – 1 – C.C.NO.1017/PS/2018
Received on : 22/02/2018,
Registered on : 22/02/2018,
Decided on : 07/03/2020,
Duration : 02 Y.00 M. 05 D.
Exh. :
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)
(CNR NO. MHMM190024052018 )
(a) The serial No. of the case; : C.C.NO.1017/PS/2018
(b) The date of commission of
the offence;
: 16/05/2018
(c) The name of the
complainant (if any);
: The State (Varsova Police Station
in C. R. No. 417/2017).
(d) The name of the accused
persons and their parentage
and residence;
: Samir Ramdas Satpute
Age 27 Yrs.
Occupation Driver
R/o.Hawaldar Chawl, Joseph
Patelwadi, Yari Road,
Andheri, Mumbai.
(e) The offences complained of
or proved ;
: Under Sections 279, 338 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; : 07/03/2020
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Mr. Sanjay Gosavi, APP for the State.
Mr.A.R.Birajdar, Advocate for the accused.
J U D G M E N T
(Delivered on 07/03/2020)
1. The accused is prosecuted for the offence punishable under
Section 279, 338 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that on
27/11/2017 at about 09.30 hrs. informant Shri. Shrichandra Vaduram
Chabriya, by doing his work in Avinash building, came out of the
building at about 10.15 hrs. and is waiting opp. Laxmi Shop for crossing
the J.P.Road. While crossing the road when he reached middle the
road, near divider, at that time one motorcycle rider came in a high
speed and gave dash to the informant due to which informant fell down
on the road adjacent to divider. At that time people sitting there tried
to pull up the informant, however he could not get up. The motorcycle
rider also came there. The informant asked his name to which he told
his name as Samir Ramdas Satpute. The informant also saw the
motorcycle lying there is of Honda Unicorn Company bearing No.MH
02DD8481. With the help of the said motorcycle rider and other
people the informant was taken to the Kokilaben Hospital for medical
treatment where doctor opined that informant got fracture injury below
his knee. Therefore, the informant lodged report against the accused
with Versova Police Station.
3. On the basis of the report given by the informant, crime no.
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– 3 – C.C.NO.1017/PS/2018
417/2017 came to be registered against the accused. During
investigation I.O. arrested the accused, prepared spot panchanama,
recorded statement of witnesses and obtained medical certificate of the
injured/informant. After completion of investigation, I.O. filed charge
sheet against the accused.
4. The charge is framed against the accused for the above
mentioned offence . The accused pleaded not guilty and claimed to be
tried. The prosecution has examined only one witness in this case. As
there is no incriminating evidence against the accused in the evidence
of prosecution witness, statement of the accused under Section 313 of
the Code of Criminal Procedure is dispensed with.
5. The points for determination alongwith my findings
thereon as under :
Sr.No. POINTS FINDINGS
1] Does the prosecution prove that the
accused drove his motorcycle on a
public road, in a manner so rash or
negligent as to endanger human life, or
to be likely to cause hurt or injury to
any other person ?
In the negative
2] Does the prosecution prove that the
accused drove his aforesaid motorcycle
in so rash or negligent manner as to
endanger to human life or public safety
of others thereby gave dash to the
informant Shri. Shrichandra Vaduram
Chabriya thereby causing grievous
fracture injury to him?
In the negative
3] What order ? The accused is
acquitted.
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R E A S O N S
AS TO POINT NO. 1 and 2 :
6. The informant Shri. Shrichandra Vaduram Chabriya (P.
W. 1) deposes at Exh. 04 that he know accused and incident taken place
in front of Avinash Building when he was crossing the road. At that
time one motorcycle came and gave dash to him. He became conscious
at that time, therefore he cannot saw the rider and number of the
motorcycle. Wireless van came and they took him to Kokilaben
Hospital. He has sustained injury on his knee. Police had recorded his
statement. Informant P.W.No.1 is not supporting to the prosecution
case. In crossexamination by learned A.P.P. he denied that the accused
Samir Satpute was riding the said motorcycle. In his crossexamination
he admitted that he do not want to proceed with the case as there was
compromise with the accused.
7. I have gone through the record. Though sufficient
opportunity were given to the prosecution, they failed to examine other
witnesses including Medical Officer, Pancha witnesses and Investigating
Officer. No any incriminating evidence came on record against the
accused during evidence of the informant. Informant is not supporting
to the prosecution case and he admitted that as there was compromise
he does not want to proceed with the case. The prosecution failed to
prove the charges levelled against the accused. Hence, I answer Point
No. 1 and 2 in the negative.
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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 Samir Ramdas Satpute is acquitted of the offence
punishable under Sections 279, 338 of the Indian Penal Code
vide Section 255 (1) of the Code of Criminal Procedure.
2 Bail bonds of the accused stands cancelled and he be set at
liberty.
3 The accused to execute P.R. Bond of Rs.10,000/ 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.
The Judgment is transcribed directly on the computer and
pronounced in open Court.
Mumbai ( A. I. Shaikh )
Metropolitan Magistrate,
Date:07/03/2020 44 th Court, Andheri, Mumbai.
vnh
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