Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO.611/PW/2018
Filed on .. 21/02/2018
Registered on .. 21/02/2018
Delivered on .. 06/05/2023
Duration .. 05Y 02M 15D
CNR No.MHMM190025512018
Exh. 8
BEFORE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by C.P. Kashid)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.611/PW/2018
(b) The date of commission of
offence;
On 15.12.2017 from 11.30 p.m.
to 11.50 p.m.
(c) The name of the
informant, if any;
: Through PSO Andheri Police
Station (CR No.649/2017)
(d) The name of the accused
person, his parentage and
residence;
: 1. Vijay Thvarsingh Kanjarbhat
Age : 30 years
Occupation : Nil
R/o.: Dhobighat Balabhat
chawl, Near Devdarshan
Society, Andheri East,
Mumbai.
2. Amar Nagusingh Navalkar
Age : 48 years
Occupation : Nil
R/o.: Nagusingh Navalekar
chawl, Near Devdarshan
Society, Andheri, Mumbai.
-- 1 of 6 --
2 C. C. NO.611/PW/2018
3. Atul Amar Navalkar
Age : 26 years
Occupation : Education
R/o.: Balabhat chawl,
chawl, Near Devdarshan
Society, Andheri East,
Mumbai.
4. Ravindra Nagusingh
Kanjarbhat
Age : 65 years
Occupation : Nil
R/o.: Dhobighat Balabhat
chawl, Near Devdarshan
Society, Andheri East,
Mumbai.
(e) The offence complained of
or proved;
: U/Sec.323, 324, 504 & 506 r/w
Sec.34 of the Indian Penal Code.
(f) The plea of the accused
and his examination, (if
any);
: Accused pleaded not guilty
(g) The final order; : As Per Final Order
(h) The date of such order; : 06/05/2023
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv. S. D. Ghag for the accused
-- 2 of 6 --
3 C. C. NO.611/PW/2018
JUDGMENT
(Delivered on 06/05/2023)
1. Accused have been chargesheet ed for the offences
punishable U/Sec.323, 324, 504 & 506 r/w Sec.34 of the Indian
Penal Code (for short “IPC”).
The prosecution case in short is as follows :
On 15.12.2017 from 11.30 p.m. to 11.50 p.m., in front
of Gulmohar society, Telli gali, Andheri East, Mumbai, accused in
furtherance of common intention, voluntarily caused hurt to the
informant namely Sohel Malik by means of knife, abused him and
committed criminal intimidation by threatening him. Therefore,
the informant went to Andheri police station and lodged FIR. As
per FIR, Crime No.649/2017 registered against the accused.
Thereafter, Investigating Officer recorded statement of witnesses,
prepared spot panchanama, collected injury certificate of the
informant and after completion of investigation submitted charge
sheet against the accused.
2. I have framed charge against the accused vide Exh.2 and
it read over and explained to accused in vernacular, to which he
pleaded not guilty and claimed to be tried. His defence is of total
denial and false implication.
-- 3 of 6 --
4 C. C. NO.611/PW/2018
3. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
SR.
NO.
POINTS FINDINGS
1 Whether prosecution prove that On
15.12.2017 from 11.30 p.m. to 11.50 p.m.,
in front of Gulmohar society, Telli gali,
Andheri East, Mumbai, accused in
furtherance of common intention,
voluntarily caused hurt to the informant
namely Sohel Malik ? No
2 Whether prosecution prove that on the
above date, time & place, accused in
furtherance of common intention,
voluntarily caused hurt to the informant by
means of knife ?
No
3 Whether prosecution prove that on the
above date, time & place, accused in
furtherance of common intention,
intentionally insulted informant by abusing
him and thereby gave provocation,
intending that such provocation would
cause him to break the public peace ? No
-- 4 of 6 --
5 C. C. NO.611/PW/2018
4 Whether prosecution prove that on the
above date, time & place, accused in
furtherance of common intention,
committed criminal intimidation by
threatening informant with intent to cause
alarm to him ? No
5 What order ? As per final
order
R E A S O N S
As to points No. 1 to 4 :
4. In proving guilt of the accused, the prosecution has
examined only one witness i.e. informant Sohel Malik as PW1 at
Exh.7. But it shows that the informant turned hostile. He has not
stated anything incriminating against the accused. Thus it shows
that the informant has not supported to the prosecution case.
During cross examination, he admitted that compromise is arrived
between him and accused and he has no any complaint against
him. Thus it shows that there is no evidence came on record
against the accused. As there is no any incriminating substance
comes in the evidence against the accused, therefore, statement of
accused U/Sec.313 of CrPC is dispensed with.
5. Therefore considering above discussion, I come to the
conclusion that the prosecution has failed to prove the case against
the accused beyond reasonable doubt. Therefore, I answered
points No.1 to 4 in the negative. Therefore, accused are entitled to
-- 5 of 6 --
6 C. C. NO.611/PW/2018
be acquitted from the charges levelled against them. Hence for
answering point No.5, I pass following order :
ORDER
1) Accused are acquitted of the offences punishable U/Sec.323,
324, 504 & 506 r/w Sec.34 of IPC vide Section 248(1) of the
Cr.P.C.
2) Their bail bonds (if any) are cancelled.
3) The accused are directed to furnish P.B. & S.B. of Rs.5,000/
each or cash bail of the same for appearance before the Hon'ble
Appellate Court towards the compliance of Section 437(A) of the
Cr.P.C.
4) Dictated & declared in the open Court.
Date : 06/05/2023 (C.P. Kashid)
Metropolitan Magistrate
ask 65th Court, Andheri, Mumbai.
Dictated &
typed on : 06.05.2023
Signed on : 06.05.2023
-- 6 of 6 --