Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.1378/PW/2018
Filed on .. 24.05.2018
Registered on .. 24.05.2018
Delivered on .. 19.09.2024
Duration .. 06Y 03M 25D
CNR No. MHMM190058422018
Exh.8
IN THE COURT JUDICIAL MAGISTRATE (FIRST CLASS),
65th COURT, ANDHERI, MUMBAI.
(Presided over by Hashmi H.A.H.I.)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.1378/PW/2018
(b) The date of commission of
offence;
On 26.02.2018
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.108/2018)
(d) The name of the accused
person, his parentage and
residence;
: Arbaz Mehmood Khan 18 yrs
Occupation : Nil
Res of Mhatma Kabir Nagar, Jeri
Chawl,Chakala, Andheri (E),
Mumbai
(e) The offence complained of
or proved;
: U/Sec.324,323,504 r/w. 34 of the
Indian Penal Code
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : Accused is acquitted
h) The date of such order; : 19.09.2024
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv. Ms. Singh for the accused
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2 Judgment in C. C. No.1378/PW/2018
JUDGMENT
(Delivered on 19.09.2024)
1. Accused has been chargesheet ed for the offences punishable
U/Sec.324,323,504 r/w. 34 of the Indian Penal Code (for short “IPC”).
The prosecution case in short is as follows :
The informant Preeti Pralhad Jadhav lodged the complaint at
Vile Parle Police Station contending therein that on 26.02.2018 at
21.30 hrs., in front of Ravindra Tower, Chakala, Andheri (E), Mumbai
there was dispute on account of throwing of water bag with the
neighbourer of informant i.e. accused. When the informant intervened
the quarrel, at that time juvenile delinquent and accused Habib abused
th informant and assaulted her by wooden bamboo on her right hand.
Accused Arbaz also assaulted the informant by hands. Therefore,
informant lodged complaint against the accused. On the basis of
complaint Andheri Police station has registered an offence bearing
Crime No.108/2018. During the investigation, the Investigating Officer
has recorded statement of witnesses, prepared spot panchanama,
collected medical certificate from the hospital. After completion of
investigation submitted chargesheet against the accused.
2. I have framed charge against the accused vide Exh.2 and it
read over and explained to accused in vernacular, to which he pleaded
not guilty and claimed to be tried. His defence is of total denial and
false implication.
3. Since no incriminating evidence against accused, therefore
statement of accused U/sec. 313 of Criminal Procedure Code stands
dispensed with.
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3 Judgment in C. C. No.1378/PW/2018
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
S.NO. POINTS FINDINGS
1 Whether prosecution proves that accused on
26.02.2018 at 21.30 hrs., in front of Ravindra
Tower, Chakala, Andheri (E), Mumbai
alongwith other accused in furtherance of
their common intention, voluntarily caused
hurt to informant viz. Preeti Pralhad Jadhav by
means of wooden bamboo on her right hand ? ...Not
proved
2 Whether prosecution proves that accused on
the aforesaid date, time and place alongwith
other accused in furtherance of their common
intention, voluntarily caused to the informant
by hands ?
...Not
proved
3 Whether prosecution proves that on the above
date, time & place, accused alongwith other
accused in furtherance of their common
intention insulted the informant by words and
knowing it to be likely that such provocation
will cause informant to break public peace ?
...Not
proved
4 What order ? Accused is
acquitted
R E A S O N S
As to points No. 1 to 4 :
5. In order to prove guilt of the accused, the prosecution has
examined only one witness i.e. P.W. No. 1 Preeti Pralhad Jadhav at
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4 Judgment in C. C. No.1378/PW/2018
Exh.4. Thereafter, the prosecution filed evidence closed pursis at Exh.6,
therefore, evidence of prosecution closed by passing order below Exh.1.
6. In the present matter, the prosecution has examined the
informant i.e. P.W. No.1 Preeti Pralhad Jadhav at Exh. 4. She has
deposed that on 26.02.2018 the quarrel was going on in her vicinity.
She had intervened to rescue the quarrel but she had sustained injury at
her right hand elbow with wooden bamboo. But she didn't know who
assaulted to her with wooden bamboo. Thereafter, she went to Cooper
Hospital for getting medical treatment. After taking medical treatment
she went to the police station and lodged the complaint against the
accused. FIR is at Exh.5 but she didn''t know it contents. As the witness
not supported the prosecution case, Ld. A.P.P. sought the permission to
crossexamine her. During the crossexamination conducted by Ld. APP,
she denied that, accused caused injury on her right hand elbow with
wooden stick.
7. During her crossexamination conducted by advocate for the
accused she has admitted that the matter has been settled amongst them
out of court and now there is no dispute between her and accused
person and she doesn't want to proceed with this matter.
8. It is pertinent to note that, as per the prosecution case, the
informant is not supporting to the prosecution, hence, nothing
incriminating evidence came on record against the accused. It is also
pertinent to note that from the evidence of prosecution, it appears that
the compromise took place between informant and accused, therefore,
the prosecution has not examined further evidence in this matter.
Considering facts and circumstances, I come to the conclusion that
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5 Judgment in C. C. No.1378/PW/2018
prosecution has not proved the case against the accused beyond all
reasonable doubt, therefore, I answered points No.1 to 3 are in the
negative and for answering point No.4, I pass following order :
ORDER
1) Accused viz. Arbaz Mehmood Khan is acquitted vide
Section 248(1) of the Cr.P.C. for the offences punishable
U/Sec.324,323,504 r/w. 34 of the Indian Penal Code
2) Bail bond of accused stands cancelled.
3) Accused is directed to furnish P.B. of Rs.15,000/ for
appearance before the Hon'ble Appellate Court, in case
appeal is filed against the judgment of this Court vide Section
437(A) of the Cr.P.C.
4) Judgment dictated & declared in an open Court.
Date. 19.09.2024 (Hashmi H.A.H.I.)
Judicial Magistrate (First Class),
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 19.09.2024
Signed on : 19.09.2024
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