Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.4401170/PW/2018
Received on : 25/04/2018
Registered on : 25/04/2018
Decided on : 01/12/2022
Duration : 04 Y.07 M. 06 D.
Exh. : 06
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. MHMM190050452018)
(a) The serial No. of the case; : C.C.NO.1170/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. 347/2017).
(d) The name of the accused
persons and their
parentage and residence;
: 1] Yusuf Ahmed Kasmani,
Age – 57 Yrs.
Occupation – Nil,
R/o. A601, Shakti Apartment,
Yari Road, Andheri (W),
Mumbai.
2] Mairunisa Mohd. Suleman,
Abdul Rehman,
Age – 55 Yrs,
Occupation – Nil,
3] Mohd. Irfan Iqbal Kasmani,
Age – 23 Yrs.
Occupation – Nil,
-- 1 of 6 --
2 C.C.NO.4401170/PW/2018
Both R/o.203,
Parvati Co.Op.Hou. Society,
Yari Road, Andheri (W),
Mumbai.
(e) The offences complained of
or proved ;
: Under Sections 324, 323, 504,
506 r/w. 34 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; : All accused are acquitted.
(h) The date of such order; : 01/12/2022
Ms. Seema Mokal, APP for the State.
Mr.Harish Shetty, Advocate for all the accused.
J U D G M E N T
(Delivered on 01/12/2022)
The accused No.1 to 3 are prosecuted for the offence
punishable under Section 324, 323, 504, 506 r/w. 34 of the Indian
Penal Code.
2. It is the case of the prosecution that on 05/10/2017 at
about 00.30 hrs. the wife of informant Mairunisa called him and asked
about her maintenance. He told her he have no money. Therefore, she
and her brother namely Yusuf Kasmani called him and abused him.
Therefore, at about 00.40 hrs he along with his wife Rahat went to
them for asking why they abused him. At that time the accused
Mairunisa, her brother Yusuf and son Irfan started to abuse him. He
asked them why they abused him. At that time accused Yusuf Kasmani
-- 2 of 6 --
3 C.C.NO.4401170/PW/2018
assaulted him by iron rod on his head. Therefore, blood was oozing
from his head. Accused Yusuf also assaulted him by iron rod on his left
hand and back. Accused Irfan caught hold his collar of shirt and fallen
down him and beat him with fist and kick blows. He also abused and
threatened him. Hence, he went to Versova Police Station and lodged
report against the accused persons.
3. On the basis of the report given by the informant, crime no.
347/2017 came to be registered against the accused persons. During
investigation I.O. drawn production panchanama in presence of panch
witnesses. He arrested all accused. During further investigation I.O.
recorded statement of witnesses. After completion of investigation, I.O.
filed chargesheet.
4. The charge is framed against the accused persons for the
above mentioned offence. The accused pleaded not guilty and claimed
to be tried. The prosecution has examined only one witness. 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 no.1 to 3 in furtherance of their
common intention, voluntarily caused
hurt to the informant Mohd. Suleman
Abdul Rehman by means of iron rod on
In the negative
-- 3 of 6 --
4 C.C.NO.4401170/PW/2018
his back and left hand, which is used as
a weapon in commission of offence is
likely to cause death?
2] Does the prosecution prove that the
accused no.1 to 3 in furtherance of their
common intention voluntarily caused
hurt to the informant by hand and by
fist and kick?
In the negative
3] Does the prosecution prove that the
accused no.1 to 3 in furtherance of their
common intention intentionally insulted
informant by abusing him and thereby
gave provocation to him intending or
knowing it to be likely that such
provocation will cause him to break
public peace?
In the negative
4] Does the prosecution prove that the
accused no.1 to 3 in furtherance of their
common intention committed criminal
intimidation by threatening the
informant with intent to cause an alarm
to him?
In the negative
5] What order ? All accused are
acquitted.
R E A S O N S
AS TO POINT NO. 1 TO 4 :
6. The informant Mohd. Suleman Abdul Rehman (P. W. 1)
deposes at Exh. P04 that he know the accused. Incident occurred on
05/08/2017 at the building of the accused. There was people gathered.
Someone has assaulted him from his back side. He has not seen him.
Thereafter, he went to police station. Police referred him to Cooper
Hospital. He lodged report at Exh.5. The informant is not supporting to
the prosecution case in he admitted that there was compromised
-- 4 of 6 --
5 C.C.NO.4401170/PW/2018
outside the court between him and accused.
7. I have gone through the record. The prosecution has
examined only one witness i.e. PW01 in his crossexamination he
admitted that there was compromised with accused out of the Court.
Hence, I hold that the prosecution failed to prove guilt of the accused.
Hence, I answer point Nos.1 to 4 in the negative.
AS TO POINT NO.5:
8. The prosecution failed to prove guilt of the accused.
Therefore, the accused are liable to be acquitted. In the result, in
answer to Point No.5, I pass the following order.
ORDER
1 The accused no.1 Yusuf Ahmed Kasmani, accused no.2
Mairunisa Mohd. Suleman and accused no.3 Mohd. Irfan
Iqbal Kasmani are acquitted of the offence punishable under
Sections 324, 323, 504, 506 r/w. 34 of the Indian Penal Code
vide Section 248 (1) of the Code of Criminal Procedure.
2 Bail bonds of the accused stands cancelled.
3 The accused No.1 to 3 to execute P.R. Bond of Rs.15,000/
(Rupees Fifteen Thousand only) each vide Section 437– A of
the Code of Criminal Procedure for appearance before the
higher court, if said court issues notice to them for their
appearance in the matter in which present judgment is
challenged, if any.
-- 5 of 6 --
6 C.C.NO.4401170/PW/2018
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
-- 6 of 6 --