Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 589 / PW / 2018.
C/S filed on : 20.02.2018.
Decided on : 02.05.2019.
Duration : 1 Y, 2 M & 12 D
Exh. 8
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 589 / PW / 2018.
(b) The date of the commission
of the offence.
: 01.10.2014.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.604/2014)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Suryakant Babu Nair,
Age : 22 years, Occ :
Res : Andheri (W), Mumbai.
2) Prabhakar @ Prabhu
Manikam Parayan,
Age : 22 years, Occ : Driver,
Res : Andheri (W), Mumbai.
3) Ganesh Shrirang Dhote,
Age : 22 years, Occ : Service,
Res : Andheri (W), Mumbai.
4) Pandurang Prakash
Ghadi,
Age : 25 years, Occ :
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 324, 504,
506(II) 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 : All the accused are acquitted.
(h) The date of such order : 02.05.2019.
(i) Brief statement of reasons : As recorded herein below.
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2 C. C. No. 589 / PW / 2018.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for all the accused : Shri Rakesh Malap.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 324, 504, 506(II) r/w 34 of the Indian Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Ganesh
Hanumanta Tupakulla at Exh.6 came to be recorded. As no
incriminating evidence has come on record against the accused,
hence, the statement of accused persons under section 313 of the
Code of Criminal Procedure is dispensed with. I have heard Shri P.
S. Sapkale, Ld. APP for the State and Shri Rakesh Milap Ld.
Advocate for all the accused at length. I have perused the evidence
on record very minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Ganesh is
the informant, aggrieved and only injured of this case. He has not
supported the case of prosecution. Per contra, he has denied the
incident of assault. He has also filed a joint pursis at Exh.7 quoting
therein that he do not want to proceed with the case. Hence, in
view of non support of this most relevant witness, the allegations
leveled against accused cannot be proved in any manner. Hence, I
am satisfied to acquit the accused by passing following order
…..... 3
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3 C. C. No. 589 / PW / 2018.
O R D E R
i Above named all the accused Nos.1 to 4 are
acquitted of the offences punishable under sections
324, 504, 506(II) r/w 34 of the Indian Penal Code
vide Sec. 248 (1) of the Code of Criminal
Procedure.
ii Bail bonds of all the accused stand
cancelled.
iii All the accused Nos.1 to 4 shall furnish
bonds of Rs.10,000/ by each under section
437(A) of the Code of Criminal Procedure.
Sd/
Dt. 02.05.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 02.05.2019.
Transcribed on : 02.05.2019.
Signed on : 02.05.2019.
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