Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C. NO. 937/PW/2018
(Judgment)
Received on : 28/03/2018
Registered on : 28/03/2018
Decided on : 02/02/2019
Duration : 00 Y. 10 M. 05 D.
Exh. : 11
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; : 937/PW/2018
(b) The date of commission of
the offence;
: 06/11/2017
(c) The name of the complainant
(if any);
: The State (Oshiwara Police Station
in C. R. No.439/2017).
(d) The name of the accused
persons and their parentage
and residence;
: 1] Saif Iqbal Fakki,
Age : 24 Years, Occ. : Service,
R/o : Room No. 72/3, Transit
Camp3, Gulshan Nagar, R.M.
Road, Oshiwara, Jogeshwari
(West), Mumbai.
2] Mohammed Anas Mansuri,
Age : 22 Years, Occ. : Service,
R/o : Room No. 203, Jeevan Jyoti
Building, Ram Mandir Road,
Goregaon (West), Mumbai.
(e) The offence complained of
or proved ;
: Under Sections 323, 324 and 504
read with Section 34 of the Indian
Penal Code.
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(Judgment)
(f) The plea of the accused and
their examination (if any);
: The accused not pleaded guilty.
(g) The final order; : The accused are acquitted.
(h) The date of such order; : 02/02/2019
Mr. Gosavi, APP for the State.
Mr. Ahmed Shaikh, Advocate for the accused.
J U D G M E N T
(Delivered on 02/02/2019)
1. The accused are prosecuted for the offences punishable under
Sections 323, 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 Liyakat
Madiwala and the accused persons resides in the same area. The relations
between the informant and the accused were not good due to previous dispute
between them. On 06.11.2017 at about 1.00 a.m. when the informant and his
friend Abdul Kasim went to the ground situated near Raghvendra Temple,
Gulshan Nagar, Jogeswari (West), Mumbai, accused nos. 1 and 2 were
standing there. The accused were under the influence of liquor. Both accused
came near the informant and they hurled abuses against him. The accused
started to beat the informant. Accused no. 1 started to beat the informant by
means of waist belt. In the incident the informant sustained bleeding injury on
his forehead. Thereafter, when the informant raised shouts, the accused ran
away. After the incident the friend of the informant took him to Cooper
hospital for medical treatment. Thereafter, the informant went to police
station Oshiwara and lodged F.I.R. of the incident.
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(Judgment)
3. On the basis of the report given by the informant, crime no.
439/2017 came to be registered against the accused. During investigation I.O.
drawn spot panchanama in presence of panchwitnesses. He arrested the
accused persons. He seized waist belt from accused no. 1. During further
investigation I.O. recorded statement of witnesses and collected injury
certificate of the informant. After completion of investigation, I.O. filed
chargesheet.
4. I framed charge against the accused for the above mentioned
offences. The accused pleaded not guilty and claimed to be tried. The
prosecution has examined only one witness. The statement of the accused
under Section 313 of the Code of Criminal Procedure came to be recorded at
Exh. 9 and 10. The defence of the accused is that of total denial and that now
the matter is settled between them and the informant.
5. The points for determination alongwith my findings thereon as
under :
POINTS FINDINGS
1] Does the prosecution prove that in
furtherance of their common intention, the
accused voluntarily caused hurt to the
informant ?
No
2] Does the prosecution prove that in
furtherance of their common intention, the
accused voluntarily caused hurt to the
No
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(Judgment)
informant by belt ?
3] Does the prosecution prove that in
furtherance of their common intention, the
accused intentionally insulted the informant ?
No
4] What order ? The accused are
acquitted.
REASONS
AS TO POINT NOS. 1 TO 3 :
6. These points are interconnected with each other, therefore, they
are taken up together for consideration and determination.
7. The informant Liyakat Madiwala (P.W. 1) deposes at Exh. P06
that the accused are resident of his area. The incident took place in the year –
2017 at about 12.30 a.m. in Gulshan Nagar, Jogeshwari (West), Mumbai. At
the time of the incident some argument had took place between him and the
accused persons on petty issue. At that time one of the accused assaulted him
by means of belt. He sustained injury near his right eye. After the incident he
went to police station. Police referred him to Cooper hospital for medical
treatment. Thereafter he lodged F.I.R. (Exh. P7). I have gone through the
evidence of the informant. His evidence is vague. In his chiefexamination the
informant stated that one of the accused assaulted him by means of belt.
However, in his crossexamination the informant stated that there was dark at
the time of the incident and he could not see as who assaulted him. The
informant also stated that now the matter is settled between him and the
accused persons and now he does not want to proceed with the case.
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(Judgment)
8. As stated above, the evidence of the informant is vague. The
prosecution has not examined any other witness. Considering the settlement
took place between the informant and the accused persons, the prosecution
closed it's evidence by filing pursis (Exh. 8). I have given due consideration to
the submissions of the parties. I have also gone through the record. There is
no clear and dependable evidence on record to show that the accused caused
hurt to the informant. The matter is already settled between the parties.
Hence, I hold that the prosecution failed to prove the charges levelled against
the accused. Hence, I answer point nos. 1 to 3 in the negative.
AS TO POINT NO. 4:
9. The prosecution failed to prove guilt of the accused persons.
Therefore, the accused are liable to be acquitted. Seized belt being worthless,
will have to be ordered to be destroyed after appeal period. In the result, in
answer to point no. 4, I pass the following order.
ORDER
1 The accused are acquitted of the offences punishable under Sections
323, 324 and 504 of the Indian Penal Code vide Section 248 (1) of
the Code of Criminal Procedure.
2 Bail bonds 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
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(Judgment)
them for their appearance.
4 After appeal period, seized belt be destroyed.
sd/
Place : Mumbai.
Date : 02/02/2019.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
Dictated On : 02/02/2019
Transcribed On : 02/02/2019
Checked and Signed On : 02/02/2019
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