Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 1791/PW/2016
(Judgment)
MHMM190051402018
Received on :- 26/06/2018
Registered on :- 26/06/2018,
Decided on :- 13/08/2024,
Duration :- 06 Y. 01 M. 17 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; : 1179/PW/2018
(b) The date of commission of
the offence;
: 03/07/2017
(c) The name of the complainant
(if any);
: The State ( Meghwadi Police
Station in C. R. No. 173/2017).
d) The name of the accused
persons and their parentage
and residence;
: 1. Irfan Mustakin Ansari,
Age : 30 years, Occ : Service,
2. Arman Mustakin Ansari,
Age : 33 years, Occ : Service,
Both R/o : R.No.2, Husainbhai
Chawl, Hari Nagar, Behind Shivaji
Police Chouki, Jogeshwari (E),
Mumbai.
(e) The offence complained of
or proved ;
: Under Sections 323, 452 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);
: Accused pleaded not guilty.
(g) The final order; : Accused are acquitted.
(h) The date of such order; : 13/08/2024
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Ms. Atiya Shaikh, APP for the State.
Mr. D. D. Kerkar, Advocate for the accused.
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J U D G M E N T
(Delivered on 13/08/2024)
1. The accused are prosecuted for the offences punishable under
Sections 323, 452 and 504 read with section 34 of the Indian Penal Code.
2. Facts of the prosecution case in short are as under :
The informant Taufiq Hajis Ansari has given F.I.R. at police
station Meghwadi that on 03/07/2017 at about 18.30 hours, accused on
the count of previous quarrel, came to his house, hurled abuses against
him and started to beat his elder brother. Informant and his father went
to rescue his brother. At that time, Irfan gave push to the informant. Due
to which he fell down and sustained injury to his head. Thereafter, also
accused beat him with hands and kicks. Hence, this F.I.R.
3. F.I.R. came to be registered against accused vide C.R.No.
173/2017 for the above said offence at police station Meghwadi and
investigation was started by Investigating Officer PSI Mukta Fadtare. She
visited the spot of incident, recorded statement of informant and
witnesses, arrested the accused, collected injury report of the informant
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(Judgment)
and as there is incriminating evidence against the accused, she filed
charge-sheet against the accused.
4. Charge came to be framed against accused for the above
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, their
statement 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
in furtherance of their common intention,
committed house trespass by entering into
the house of the informant having made
preparation for causing hurt to the informant
and to put him in fear of hurt ?
No
2] Does the prosecution prove that the accused
in furtherance of their common intention,
voluntarily caused hurt to the informant and
his brother ?
No
3] Does the prosecution prove that the accused
in furtherance of their common intention,
No
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4 C. C. NO. 1791/PW/2016
(Judgment)
intentionally insulted informant and his
brother by abusing them ?
4] What order ? Accused are
acquitted.
REASONS
AS TO POINT NOS.1 TO 3:-
6. The prosecution has examined informant Taufiq Ansari
(P.W.1) at Exh.08. He deposed that in July 2017 there was quarrel outside
his house. Accused also present in the quarrel. He could not understand
due to crowd he was pushed and sustained injury to his head. He had no
bleeding injuries. He lodged F.I.R. In cross-examination informant
admitted that dispute is settled between him and accused and therefore,
he does not want to proceed with the case.
7. Ansari Tausif (P.W.2) deposed at Exh.9 that before 3 to 4 years
incident occurred in front of his home. At that time he alongwith his
brother was present at home and after hearing noise he went outside of
his house. There was crowd outside his house. His brother was pushed by
someone. He had not sustained injury in the incident. As there was
crowd, he could not understand who pushed his brother.
8. The informant and accused have filed compromise pursis
(Exh.4) on record. From the record it is clear that due to compromise
between the parties, the informant Taufiq Ansari (P.W.1) and Ansari Tausif
(P.W.2) have not stated anything against the accused. No incriminating
evidence came on record against the accused. The prosecution failed to
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(Judgment)
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, accused are entitled to be acquitted. In the result, in answer to
point no.4, I pass the following order.
ORDER
1 Accused are acquitted of the offence punishable under Sections 323,
452 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 them for their appearance.
sd/-
Place :- Mumbai.
Date :- 13/08/2024.
(Nilesh V. Bansal)
Judicial Magistrate First Class,
Railway Court, Andheri, Mumbai.
Dictated On :- 13/08/2024
Transcribed On :- 13/08/2024
Checked and Signed On :- 13/08/2024
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