Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 1693/PS/2018.
C/S filed on : 04/06/2018
Decided on : 31/08/2024
Duration : 06 Y 02 M 27 D
Exh.13.
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. M. SHAIKH)
C. C. No. 1693/PS/2018 (C.R.No.410/2015)
(C.N.R.No. MHMM19-005987-2018)
J U D G M E N T
(u/Sec. 355 of Cr.P.C.)
(a) The serial number of the
case.
: C. C. No. 1693/PS/2018.
(b) The date of the commission
of the offence.
: On 28/06/2015
(c) The name of the Informant. : The State (D.N. Nagar Police
Station in C. R. No. 410/2015)
(Through Shantaram Mhatre)
(d) The name of the accused
person and their parentage
and residence;
: Khwaja Nijamuddin Agara,
Age : 34 years,
R/at: R.No.217, Durai Chawl,
Patkar Compound, Gilbert Hill
Road, Andheri (W), Mumbai.
(e) The offence complained of : Under Section 279, 337 of the
Indian Penal Code
(f) The plea of the accused and
their examination.
: Accused pleaded not guilty.
(g) The final order : Accused is acquitted.
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Judgment 2 C. C. No. 1693/PS/2018.
(h) The date of such order : 31/08/2024
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. N.N. Sapkale.
Advocate for the accused : Shri. Imran Khan.
JUDGMENT
1. The accused is facing trial for the offences punishable
under Sections 279, 337 of the Indian Penal Code.
2. In order to prove the guilt of accused, prosecution has
examined two witnesses. The evidence of PW1 informant Shantaram
Tukaram Mhatre at Exh.8 and PW2 Lalit Pratapchandra Lakhani at
Exh.11. The statement of accused u/Sec. 313 of Cr. P. C is recorded at
Exh.12 wherein he took defence that, false case is filed against him and
he has not committed any crime. Heard, Ld. APP for the State and Ld.
Advocate for the accused. Perused the oral and documentary evidence
brought on record.
3. In this back ground PW1 informant Shantaram Tukaram
Mhatre, who deposed that, on 28/04/2015 at about 8.30 p.m. at
Navarang Cinema, J. P. Road, Andheri (W), Mumbai, when he was
walking on road from Andheri Station to his home and reached near
Navarang Cinema, he was dashed by some vehicle from back side due
to which he sustained injuries on his head and eyes. He became
unconscious after the accident and he was taken to Cooper hospital by
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Judgment 3 C. C. No. 1693/PS/2018.
the residents of his building. He had not seen which vehicle gave dash
to him from back side and he had not seen who was driving said vehicle
which gave dash to him. Thereafter police recorded his statement and
he proved FIR at Exh.9. Cross-examination is not conduced on behalf of
accused.
4. The next witness is examined by the prosecution PW2 Lalit
Pratapchandra Lakhani, who deposed that, in the year 2018 he was
residing at Ashiyana Tower, Borivali (W), Mumbai and he is acquainted
with accused Khwaja Nijamuddin Mohd. Nasruddin Agra as he was his
employee. The vehicle involved in this case i.e. motorcycle bearing No.
MH-02-DD-3387 is owned by him and in the 2015 said motorcycle used
by accused along-with other employees working with him. There was
accident took place with his motorcycle and police called him in the
police station. On 28/06/2015 accused was in possession of his
motorcycle but he did not know who was driving said motorcycle and
he did not know what incident took place and at which place.
5. During his cross-examination conducted on behalf of
accused, it is brought on record that, accused is working with him since
last 20 years and there were 7-8 employees working with him and they
were using his motorcycle and parking it in the office after the work. He
had not seen any damage caused to his motorcycle after the incident.
His statement was recorded in the police station by police on
10/03/2018. He did not remember on 28/06/2015 whether his
motorcycle was used by accused. He further deposed that incident took
place in the year 2015 and police forcibly recorded his statement in the
year 2018 which was not as per his say. It was wrongly mentioned in his
statement by police that, the accused was using his motorcycle on
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Judgment 4 C. C. No. 1693/PS/2018.
28/06/2015 on the date of incident and from 28/06/2015 till
10/03/2018 he was not having any knowledge about the incident and
police directed him to depose before this Court and therefore, he is
deposing.
6. Now at this stage on perusal of entire evidence adduced by
the prosecution, it appears that, PW1 is the injured informant and eye
witness of the incident and upon careful scrutiny of his evidence with
his contents of FIR at Exh.9, it appears he has not deposed in
accordance with the contents of the FIR which is briefly narrated.
Moreover, the informant has nowhere stated that, he had seen the
motorcycle number and also seen the driver who was driving the said
motorcycle which gave dash to him from back side and therefore, he
has not identified present accused Khwaja Nijamuddin Mohd.
Nasruddin Agra to be the said person who was driving the motorcycle at
the time of incident. So also he has nowhere deposed in his testimony
that, the accused was driving motorcycle in rash or negligent manner so
as to likely to cause hurt or to endanger human life as well as he was
negligent in his driving on public road due to which he sustained injury.
Therefore, the ingredients of the offence p/u/s. 279 and 337 of IPC are
not established in the testimony of PW1.
7. So also on perusal of evidence of the PW2 it appears that,
he is hearsay witness and not the eye witness of the incident. He stated
that, there were 7-8 employees working with him including the accused
and he is the owner of the said motorcycle and all his employees used
his motorcycle. However, he did not know who was driving the said
motorcycle on the day of incident and also what incident took place. In
his cross-examination conducted on behalf of accused, he admitted that,
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Judgment 5 C. C. No. 1693/PS/2018.
he had not seen any damage caused to his motorcycle after the incident
and also that the incident took place in the year 2015 and police
forcibly recorded his statement in the year 2018 which was not as per
his say.
8. Moreover, inspite of issuing summons to the IO, prosecution
has failed to secure the presence of Investigating officer. So also the
Medical Officer who examined the injured informant is not examined by
the prosecution and therefore, the injuries sustained by the informant
are not duly proved by the prosecution in order to arrive at a conclusion
that, the informant sustained any simple or grievous injury during the
accident. So also from the evidence of PW1 and PW2 nothing fruitful is
brought on record against the accused and there is absolutely no
evidence brought on record to held the accused guilty for the offences
levelled against him.
9. Therefore, considering all these facts, it appears that, the
evidence adduced by the prosecution is not sufficient to prove the guilt
of accused for the offences p/u/s. 279, 337 of the Indian Penal Code
beyond all reasonable doubt. As such the accused is entitled to be
acquitted. In the result, I proceed to pass following order:
ORDER
i Accused Khwaja Nijamuddin Agara is
acquitted of the offences punishable under Sections
279, 337 of the Indian Penal Code vide Section
255 (1) of the Code of Criminal Procedure.
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Judgment 6 C. C. No. 1693/PS/2018.
ii Bail bonds of the accused stands cancelled.
iii The accused shall furnish bond of Rs.10,000/-
under Section 437(A) of the Code of Criminal
Procedure.
Sd/-
(R. M. Shaikh)
Judicial Magistrate (F.C.)
Date: 31/08/2024. 10th Court, Andheri, Mumbai.
Dictated on : 31/08/2024.
Transcribed on : 31/08/2024.
Signed on : 31/08/2024.
Dictated on : 19/10/2023
Transcribed on : 19/10/2023
Signed on : 19/10/2023
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