Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 2027 / PW/ 2018.
C/S filed on : 27.07.2018
Decided on : 03.01.2020.
Duration : 1 Y, 5 M & 7 D
Exh. 8
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 2027 / PW / 2018.
(b) The date of the commission
of the offence.
: 02.04.2018.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.185/2018)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Rahul Ravi Chanda,
Age : 22 years, Occ : Nil,
Res : Andheri (W), Mumbai.
2) Ketan Ravi Chanda,
Age : 21 years, Occ : Nil,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 324, 504, 506
r/w 34 of the Indian Penal
Code.
(f) The plea of the accused and
their examination.
: The accused pleaded not
guilty.
(g) The final order : Both accused are acquitted.
(h) The date of such order : 03.01.2020.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for both the accused : Shri P. A. Shetty.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 324, 504, 506 r/w 34 of the Indian Penal Code.
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- 2 - C. C. No. 2027 / PW/ 2018.
2 In order to prove the guilt of the accused, prosecution has
examined in all three witnesses. The evidence of PW1 Ejaj Ahmed
Shaikh at Exh.4, PW2 Shaikh Ameer Aazam at Exh.5 and PW3
Smt. Sultana Adil Rashid Shaikh at Exh.6 came to be recorded. As
no incriminating evidence has come on record against the accused,
hence, their statement under section 313 of the Code of Criminal
Procedure is dispensed with. I have heard Shri P. S. Sapkale, Ld.
APP for the State and Shri P. A. Shetty Ld. Advocate for both the
accused at length. I have perused the evidence on record very
minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Ejaj is the
informant, aggrieved and injured of this case. He has not
supported the case of prosecution. Similarly PW2 Shaikh Aameer is
another injured, however, he has also denied the case of
prosecution. Lastly, PW3 Smt. Sultana has also denied the case of
prosecution. All these relevant witnesses have not only denied the
case of prosecution, but, also filed Pursis at Exh.7 mentioning
therein that they do not want to proceed with the case on account
of their settlement with the accused persons. Keeping in view the
non support of these prosecution witnesses, the allegations against
accused persons cannot be proved in any manner. Hence, I am
satisfied to extend benefit of doubt in favour of accused persons.
Hence, I am satisfied to acquit the accused by passing following
order -
............ 3
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- 3 - C. C. No. 2027 / PW/ 2018.
O R D E R
i Accused nos.1) Rahul Ravi Chanda and 2)
Ketan Ravi Chanda are acquitted of the offences
punishable under sections 324, 504, 506 r/w 34 of
the Indian Penal Code vide Sec.248 (1) of the
Code of Criminal Procedure.
ii Bail bonds of both the accused stand
cancelled.
iii Both the accused shall furnish bonds of
Rs.10,000/- by each under section 437(A) of the
Code of Criminal Procedure.
iv Muddemal Property i. e. Wooden Bamboo
being worthless, be destroyed, after appeal period
is over.
Dt. 03.01.2020. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 03.01.2020.
Transcribed on : 03.01.2020.
Signed on : 03.01.2020.
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