Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 1791/PW/2018
(Judgment)
MHMM190069962018
Received on : 05/07/2018,
Registered on : 05/07/2018,
Decided on : 20/08/2021,
Duration : 03 Y. 01 M. 15 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; : 1791/PW/2018
(b) The date of commission of
the offence;
: 25/11/2017
(c) The name of the complainant
(if any);
: The State (Meghwadi Police Station
in C. R. No. 300/2017).
(d) The name of the accused
person and his parentage and
residence;
: Mohsin Abdul Sattar Shaikh,
Age : 36 Years, Occ. : Business,
R/o. Room No. 03, Usman Ali Chawl,
Andheri Plot, Near St. Merry School,
Jogeshwari (East), Mumbai 400 060.
(e) The offence complained of
or proved ;
: Under Sections 324, 504 and 506 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; : The accused is acquitted.
(h) The date of such order; : 20/08/2021,
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2 C. C. NO. 1791/PW/2018
(Judgment)
Mr. Khade, APP for the State.
Mr. Kerkar, Advocate for the accused.
J U D G M E N T
(Delivered on 20/08/2021)
1. The accused is prosecuted for the offences punishable under
Sections 324, 504 and 506 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that the informant Mohd.
Adnan Sultan Khan and the accused are friends. On 25/11/2017 at about
10.30 p.m. the accused called the informant at Ganesh Maidan to watch cricket
tournament, by making phone call to him. The informant reached at Ganesh
Maidan at about 10.45 p.m. Thereafter, the informant and the accused started
to consume liquor by sitting at the corner of the ground. At about 1.20 a.m.
quarrel took place between them. The accused lifted one stone from the
ground and pelted towards the informant. That stone hit to the informant and
he sustained bleeding injury on his left eyebrow. The accused also hurled
abuses against the informant and threatened him. Thereafter the accused went
away. After the incident the informant's other friend namely Mohd. Yunus
took him to Trauma care Hospital for medical treatment. After taking medical
treatment the informant lodged report of the incident.
3. On the basis of the report given by the informant, crime no.
300/2017 came to be registered against the accused. During investigation I.O.
drawn spot panchanama on the spot of the incident. He arrested the accused.
During further investigation I.O. collected injury report of the informant and
recorded statement of witnesses. After completion of investigation, I.O. filed
chargesheet.
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3 C. C. NO. 1791/PW/2018
(Judgment)
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 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
voluntarily caused hurt to the informant by
means of stone ?
No.
2] Does the prosecution prove that the accused
intentionally insulted the informant ?
No.
3] Does the prosecution prove that the accused
committed criminal intimidation by
threatening the informant ?
No.
4] What order ? The accused is
acquitted.
REASONS
AS TO POINT NOS. 1 TO 3 :
6. These points are interconnected with each other, therefore, they
are taken up together for consideration and determination.
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4 C. C. NO. 1791/PW/2018
(Judgment)
7. The informant Mohd. Adnan Sultan Khan (P.W.1) deposes at Exh.
P04 that the accused is his friend. The incident took place in the year 2017
during night time at Ganesh ground, Jogeshwari (E), Mumbai. Cricket match
was goingon on the ground. He was present with the accused there. Fighting
took place between some persons on the ground. Somebody beat him. He
sustained injury to his head. He thought that the accused beat him and
therefore he lodged report against him. F.I.R. dated 26/11/2017 bears his
signature, but he is not aware about its contents. The informant has not
supported the case of the prosecution. In the crossexamination by learned
APP, the informant denied that at the time of the incident on 25/11/2017 the
accused beat him by means of stone and caused injury to him. He also denied
that the accused hurled abuses against him and threatened him. He admitted
that the dispute is settled between him and the accused and therefore, he does
not want to proceed with the case.
8. I have gone through the record. The informant Mohd. Adnan
Sultan Khan (P.W.1) 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 to 3 in
the negative.
AS TO POINT NO. 4 :
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.4, I
pass the following order.
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5 C. C. NO. 1791/PW/2018
(Judgment)
ORDER
1] The accused is acquitted of the offences punishable under Sections
324, 504 and 506 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/ 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.
Sd/
Place : Mumbai.
Date : 20/08/2021.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
Dictated On : 20/08/2021,
Transcribed On : 20/08/2021,
Checked and Signed On : 20/08/2021,
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