Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 1649/PW/2018
(Judgment)
MHMM190065942018
Received on : 20/06/2018,
Registered on : 20/06/2018,
Decided on : 18/05/2022,
Durations : 03 Y. 10 M. 28 D.
Exh. : 05
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY IMRAN R. MARCHIYA)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 1649/PW/2018
(b) The date of commission of
the offence;
: 15/07/2017
(c) The name of the complainant
(if any);
: The State (Meghwadi Police Station
in C. R. No. 189/2017).
(d) The name of the accused
person and his parentage and
residence;
: Raju @ Nagesh Ramchandra
Shingre,
Age : 39 Yrs. Occ.: Service,
R/o : Room No. 304, ‘A’ Wing,
Trishul Apartment, Thakur Nagar,
Jogeshwari (East), Mumbai 400060.
(e) The offences complained of
or proved ;
: Under Sections 324 and 504 of the
Indian Penal Code.
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(Judgment)
(f) The plea of the accused and
his examination (if any);
: The accused pleaded not guilty.
g) The final order; : The accused is acquitted.
(h) The date of such order; : 18/05/2022
Mr. Shah, APP for the State.
Mr. Sawant, Advocate for the accused.
J U D G M E N T
(Delivered on 18/05/2022)
1. The accused is prosecuted for the offences punishable under
Sections 324 and 504 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that the informant Tejas
Kolvalkar and the accused are residents of same area. On 15/07/2017 after
dinner the informant came out of the house for taking stroll. At about 00.05
hours the accused met the informant on road and without any reason he
started to hurl abuses against the informant. When the informant asked the
accused as to why he is hurling abuses against him, the accused started to beat
the informant. The accused also started to beat the informant by means of
stone. In the incident the informant sustained injury to his head. After the
incident the informant took medical treatment at Trauma Care Hospital. On
next day the informant lodged report against the accused in police station
Meghwadi.
3. On the basis of the report given by the informant, crime no.
189/2017 came to be registered against the accused. The accused came to be
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(Judgment)
arrested. During investigation I.O. visited spot of the incident and drawn spot
panchanama. I.O. recorded statement of the witnesses and collected injury
report of the informant. After completion of investigation, he filed charge
sheet.
4. I framed charge (Exh.2) against the accused for the above
mentioned offences. The accused pleaded not guilty and claimed to be tried.
The prosecution has examined only the informant. As no any incriminating
evidence came on record during evidence of the prosecution, 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
voluntarily caused hurt to the informant by
means of dangerous weapon ?
No.
2] Does the prosecution prove that the accused
intentionally insulted the informant ?
No.
3] What order ? The accused is
acquitted.
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(Judgment)
REASONS
AS TO POINT NOS. 1 AND 2 :
6. These points are interconnected with each other, therefore, they
are taken up together for consideration and determination.
7. The informant Tejas Kolvalkar (P.W.1) deposes at Exh. P04 that
he is acquainted with the accused. He is resident of his area. The incident
took place in the year 2017 at about 10.30 p.m. in their area. At the time of
the incident somebody beat on his head from his backside. Due to which he
sustained injury to his head. He is not aware as to who beat him. He had
given report of the incident to police. F.I.R. dt. 16/07/2017 bears his
signature, but he is not aware about it’s contents. The informant has not
supported the case of the prosecution. During crossexamination by learned
A.P.P., the informant denied that at the time of the incident on 15/07/2017
without any reason the accused hurled abuses against him and he beat him by
means of stone and caused injury to him. In the crossexamination by the
defence side, the informant stated that the dispute is settled between him and
the accused. Due to compromise he does not want to proceed with the case
and he want to close the matter.
8. I have gone through the record. The informant has not supported
the case of prosecution. The informant and the accused have filed compromise
pursis (Exh.3) on record. From the record it is clear that due to compromise
with the accused, the informant has not stated anything against the accused.
No any incriminating evidence came on record in the evidence of the
prosecution. The prosecution failed to prove the charges levelled against the
accused. Hence, I answer point nos.1 and 2 in the negative.
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(Judgment)
AS TO POINT NO. 3 :
9. The prosecution failed to prove guilt of the accused. Therefore,
the accused is liable to be acquitted. In the result, in answer to point no. 3, I
pass the following order.
ORDER
1] The accused is acquitted of the offences punishable under Sections
324 and 504 of the Indian Penal Code vide Section 248 (1) of the
Code of Criminal Procedure.
2] Bail bond 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 in the matter in which present judgment is
challenged, if any.
Place : Mumbai.
Date : 18/05/2022.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
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