Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 635/ PW / 2018.
C/S filed on : 23.02.2018.
Decided on : 20.06.2023.
Duration : 05 Y, 03M & 27 D
Exh. 8
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. 635 / PW / 2018.
(b) The date of the commission
of the offence.
: 18.05.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.265/2017)
(d) The name of the accused
person and their parentage
and residence;
: 1. Naglingam Tangwel
Devendra
Age : 38 years, Occ : Nil
Res : Vileparle (W), Mumbai.
2. Kartik Murgan @ Murgesh
Devendra
Age : 26 years, Occ : Study
Res : Vileparle (W), Mumbai.
3. Murgan @ Murgesh Karpan
Devendra
Age : 48 years, Occ : Nil
Res : Vileparle (W), Mumbai.
4. Selvi @ Dhanlaxmi Murgan
Devendra
Age : 44 years, Occ : Nil
Res : Vileparle (W), Mumbai.
(e) The offence complained of : Under sections 452, 323, 504,
506 r/w 34 of the Indian
Penal Code.
(f) The plea of the accused and
their examination.
: The accused pleaded not
guilty.
(g) The final order : The accused are acquitted.
(h) The date of such order : 20.06.2023.
(i) Brief statement of reasons : As recorded herein below.
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- 2 - C. C. No. 635/ PW / 2018.
Assistant Public Prosecutor : Shri Shah
Advocate for the accused : Shri. Arvind Jaiswar
JUDGMENT
The accused are facing trial for the offences punishable
under sections 452, 323, 504, 506 r/w 34 of the Indian Penal
Code.
2 In order to prove the guilt of the accused, prosecution has
examined two witnesses. The evidence of PW1 Bala Murgan
Lalluswami Devendra at Exh.4 and PW2 Periakka Murgan at Exh.7
came to be recorded. PW1 and PW2 have not supported the case
of prosecution. As no incriminating evidence has come on record
against the accused, hence, their statement under section 313 of
the Code of Criminal Procedure are dispensed with. Heard, learned
APP for the State and learned 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. PW2 is the second witness of this
case. The witnesses have not supported the case of prosecution
and denied the incident of causing hurt to them 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, other independent witness and
Investigating officer in view settlement. Hence, prosecution has
failed to prove the guilt of accused beyond all reasonable doubt
and the accused are liable to acquitted. In the result I proceed to
pass following order :-
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- 3 - C. C. No. 635/ PW / 2018.
O R D E R
i Accused 1. Naglingam Tangwel Devendra,
2. Kartik Murgan @ Murgesh Devendra, 3. Murgan
@ Murgesh Karpan Devendra and 4. Selvi @
Dhanlaxmi Murgan Devendra are acquitted of the
offences punishable under sections 452, 323, 504,
506 r/w 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. 20.06.2023. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 20.06.2023
Transcribed on : 20.06.2023
Signed on : 20.06.2023
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