Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.4400982/PW/2018
Received on : 03/04/2018
Registered on : 03/04/2018
Decided on : 01/12/2022
Duration : 04 Y.07 M. 28 D.
Exh. : 08
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. MHMM190042602018)
(a) The serial No. of the case; : C.C.NO.982/PW/2018
(b) The date of commission of
the offence;
: 05/10/2017
(c) The name of the
complainant
(if any);
: The State (Versova Police Station
in C. R. No. 349/2017).
(d) The name of the accused
persons and their
parentage and residence;
: Mohd. Suleman Abdul Rehman,
Age – 67 Yrs.
Occupation – Nil,
R/o.Nirman Kutir Co.Op.Hou.Soc.
Room No.402, Yari Road,
Andheri (W), Mumbai.
(e) The offences complained of
or proved ;
: Under Sections 324, 504, 506 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; : 01/12/2022
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Ms. Seema Mokal, APP for the State.
Mr.A. R. Birajdar, Advocate for the accused.
J U D G M E N T
(Delivered on 01/12/2022)
The accused is prosecuted for the offence punishable under
Section 324, 504, 506 of the Indian Penal Code.
2. It is the case of the prosecution that on 05/10/2017 at
about 00.30 hrs. the accused who is the husband of informant namely
Mohd. Suleman Abdul Rehman called her and asked her about the
affidavit of their marriage. He wants to return the affidavit. If she has
not gave the affidavit he will not pay the money for her expenses. He
also abused and threatened her. Thereafter, at about 00.40 hrs. accused
came with iron rod and assaulted her with it on her left wrist. At that
time her brother Yusuf came there with his motor cycle. Accused
pushed his motor cycle and assaulted him with iron rod on his forehead.
Therefore, blood was oozing from his head. Accused assaulted her
brother on his back. Her son came for rescue the quarrel. Therefore,
accused assaulted him with iron rod on his right hand thump. All the
injuries are made by accused. Hence, she went to Versova Police
Station and lodged report against the accused.
3. On the basis of the report given by the informant, crime no.
349/2017 came to be registered against the accused. During
investigation I.O. drawn spot panchanama in presence of panch
witnesses. He arrested the accused. During further investigation I.O.
recorded statement of witnesses. After completion of investigation, I.O.
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filed chargesheet.
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 three witnesses in total. As no
incriminating evidence came on record in the evidence of the
prosecution, the statement of the accused under Section 313 of the
Code of Criminal Procedure came to be dispensed with.
5. The points for determination alongwith my findings
thereon as under :
POINTS FINDINGS
1] Does the prosecution prove that the
accused voluntarily caused hurt to the
informant Merunisa Mohd. Suleman
Rehman, her brother and son by means
of iron rod, which is used as a weapon
in commission of offence is likely to
cause death?
In the negative
2] Does the prosecution prove that the
accused intentionally insulted informant
by abusing her and thereby gave
provocation to her intending or knowing
it to be likely that such provocation will
cause her to break public peace?
In the negative
3] Does the prosecution prove that the
accused committed criminal intimidation
by threatening the informant with intent
to cause an alarm to her?
In the negative
4] What order ? The accused is
acquitted.
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R E A S O N S
AS TO POINT NO. 1 TO 3 :
6. The informant Mehrunissa Suleman Abdul Rehman
(P.W.1) deposes at Exh. P04 that accused is her relative. Incident
occurred in the premises of her building. There was meeting of
members of the building and there was quarrel. She do not know about
the incident. She sustained injury on her hand. She do not see who has
beaten her. Thereafter, she went to hospital. The informant is not
supporting to the prosecution case. She admitted that there was
compromised outside the court between her and accused.
7. Yusuf Ahmed Kasmani, (P.W.2) deposes at Exh.6 and
Mohd. Irfan Iqbal Kasmani, (P.W.3) deposes at Exh.7 that they know
the accused. They do not know about the incident. They do not
sustained any injury. They have not given statement to police. The
Advocate of accused has declined to crossexamine P.W.2 and P.W. 3.
8. I have gone through the record. There is no any
incriminating evidence came on record against the accused during
evidence of the informant. Informant is not supporting to the
prosecution case and she admitted that there was compromised outside
the court between her and accused. 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.
Therefore, the accused is liable to be acquitted. In the result, in answer
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to Point No.4, I pass the following order.
ORDER
1 The accused Mohd. Suleman Abdul Rehman is acquitted of
the offence punishable under Sections 324, 504, 506 of the
Indian Penal Code vide Section 248 (1) of the Code of Criminal
Procedure.
2 Bail bond of the accused stand cancelled.
3 The accused to execute P.R. Bond of Rs.15,000/ (Rupees
Fifteen Thousand only) 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:01/12/2022 44 th Court, Andheri, Mumbai.
spj
Typed on : 01/12/2022
Signed on :01/12/2022
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