Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 1143/PW/2018
(Judgment)
MHMM190049392018
Received on :- 02/04/2018
Registered on :- 02/04/2018,
Decided on :- 06/09/2024,
Duration :- 06 Y. 05 M. 04 D.
Exh. :-
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
RAILWAY COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY NILESH V. BANSAL)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 1143/PW/2018
(b) The date of commission of
the offence;
: 30/12/2018
(c) The name of the complainant
(if any);
: The State ( Oshiwara Police
Station in C. R. No.74/2018).
d) The name of the accused
persons and their parentage
and residence;
: Dattaram Vithoba Kamble,
Age : 56 Yrs. Occ. : Retired,
R/o : A-405, Navjivan Ekta
Society, Behram Road,
Jogeshwawri (W), Mumbai.
(e) The offence complained of
or proved ;
: Under Sections 324, 504 and 506
of the Indian Penal Code.
(f) The plea of the accused and
their examination (if any);
: Accused pleaded not guilty.
(g) The final order; : Accused is acquitted.
(h) The date of such order; : 06/09/2024
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2 C. C. NO. 1143/PW/2018
(Judgment)
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Ms. Atiya Shaikh, APP for the State.
Mr. Dubey, Advocate for the accused.
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J U D G M E N T
(Delivered on 06/09/2024)
1. The accused is prosecuted for the offences punishable under
Sections 324, 504 and 506 of the Indian Penal Code.
2. Facts of the prosecution case in short are as under :
The informant Smt. Lalita Dattaram Kamble has given F.I.R. at
police station Oshiwara that accused is her husband. On 11/01/2018
there was quarrel between her and her husband on count of household
expenses and she gave complaint to Oshiwara Police Station about the
same. Keeping the previous anger in mind, on 30/01/2018 at about 09.30
hours accused hurled abuses against her and assaulted her by means of
wooden stick on her below waist and calf. The accused also threatened
her to dire consequences. Hence, this F.I.R.
3. F.I.R. came to be registered against accused vide C.R.No.
74/2018 for the above said offences at police station Oshiwara and
investigation was started by Investigating Officer PSI Appasaheb Shirsath.
He visited the spot of incident, recorded statement of witnesses, collected
injury report of the informant, arrested the accused and as there is
incriminating evidence against the accused, he filed charge-sheet against
him.
4. Charge came to be framed against accused for the above
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3 C. C. NO. 1143/PW/2018
(Judgment)
mentioned offence. The accused pleaded not guilty and claimed to be
tried. The prosecution has examined two witnesses including informant.
As no incriminating evidence came on record against the accused, his
statement under 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 by
means of wooden stick ?
No
2] Does the prosecution prove that the accused
intentionally insulted the informant ?
No
3] Does the prosecution prove that the accused
committed criminal intimidation by
threatening to the informant ?
No
4] What order ? Accused is
acquitted.
REASONS
AS TO POINT NOS.1 TO 3 :-
6. In order to prove guilt of the accused, the prosecution has
examined informant Lalita Kamble (P.W.1) at Exh.4. She deposes that
accused is her husband. On household expenses they have quarreled, she
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4 C. C. NO. 1143/PW/2018
(Judgment)
fell down and sustained injuries. In cross-examination the informant
admitted that dispute is settled between her and accused and therefore,
she does not want to proceed with the case. Shalini Palande (P.W.2)
deposed at Exh.5 that informant is her sister and she received information
on phone that there was quarrel between informant and her husband,
therefore, they went to police station. In cross examination she denied
that informant was beaten by accused and she has given statement to
police. She admitted that informant and accused have settled their
dispute and have residing happily together.
7. I have gone through the prosecution evidence. The informant
has not supported the case of prosecution, hence evidence for prosecution
is closed. From the record it is clear that due to compromise between the
parties, the informant (P.W.1) and her sister Shalini Palande (P.W.2) has
not stated anything against the accused. No incriminating evidence came
on record against the accused. The prosecution failed to prove the charges
levelled against the accused. Hence, I answer point nos.1 to 3 in negative.
AS TO POINT NO.4 :
8. The prosecution failed to prove guilt of the accused.
Therefore, accused is entitled to be acquitted. In the result, in answer to
point no.4, I pass the following order.
ORDER
1 Accused Dattaram Vithoba Kamble is acquitted of the offence
punishable under Sections 324, 504 and 506 of the Indian Penal
Code vide Section 248 (1) of the Code of Criminal Procedure.
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5 C. C. NO. 1143/PW/2018
(Judgment)
2 Bail bonds of the accused stands cancelled and he be set at liberty.
3 The accused to execute P.R. Bond of Rs.15,000/- 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 him
for his appearance.
sd/-
Place :- Mumbai.
Date :- 06/09/2024.
(Nilesh V. Bansal)
Judicial Magistrate First Class,
Railway Court, Andheri, Mumbai.
Dictated On :- 06/09/2024
Transcribed On :- 06/09/2024
Checked and Signed On :- 06/09/2024
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