Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 1941/PW/2018
(Judgment)
MHMM190080062018
Received on : 20/07/2018
Registered on : 20/07/2018,
Decided on : 26/09/2023,
Duration : 05 Y. 02 M. 06 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY NILESH V. BANSAL)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 1941/PW/2018
(b) The date of commission of
the offence;
: 26/12/2017
(c) The name of the complainant
(if any);
: The State ( Meghwadi Police
Station in C. R. No. 324/2017).
d) The name of the accused
persons and their parentage
and residence;
: 1. Mohd. Asif Amin Faruqui,
Age : 30 years, Occ : Service,
2. Mohd. Saif Amin Faruqui,
Age : 28 years, Occ : Service,
Both R/o : Squatters Colony,
Andheri Plot, near Sana Stores,
Jogeshwari (E), Mumbai.
(e) The offence complained of
or proved ;
: Under Section 326 read with
section 34 of the Indian Penal
Code.
(f) The plea of the accused and
their examination (if any);
: Accused pleaded not guilty.
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2 C. C. NO. 1941/PW/2018
(Judgment)
(g) The final order; : Accused are acquitted.
(h) The date of such order; : 26/09/2023
Ms. Atiya Shaikh, APP for the State.
Mr. Dilip Kerkar, Advocate for the accused.
J U D G M E N T
(Delivered on 26/09/2023)
1. The accused are prosecuted for the offence punishable under
Section 326 read with section 34 of the Indian Penal Code.
2. Facts of the prosecution case in short are as under :
The informant Ansar Mohammad Khan has given F.I.R. at
police station Meghwadi that on 26/12/2017 at about 10.00 a.m the
accused came in his gym for workout. At that time there was exchange of
hot words with the accused. The accused gave blow of iron rod on the
head of informant. Due to which he sustained injury to his left eyebrow
and fracture injury to his right hand finger. Hence, this F.I.R.
3. F.I.R. came to be registered against accused vide C.R.No.
324/2017 for the above said offences at police station Meghwadi and
investigation was started by Investigating Officer PSI Anna Gunjal. He
visited the spot of incident and seized iron road in presence of panch
witnesses. He recorded statement of informant and witnesses, arrested
the accused, collected injury report of the informant and as there is
incriminating evidence against the accused, he filed chargesheet against
the accused.
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3 C. C. NO. 1941/PW/2018
(Judgment)
4. Charge came to be framed against accused for the above
mentioned offence. The accused pleaded not guilty and claimed to be
tried. The prosecution has examined only the informant. As no
incriminating evidence came on record against the accused, his statement
under 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
in furtherance of their common intention,
voluntarily caused grievous hurt to the
informant by means of iron rod ?
No
2] What order ? Accused are
acquitted.
REASONS
AS TO POINT NO.1 :
6. The informant Ansar Mohammad Khan (P.W.1) deposes at
Exh.06 that on 25/12/2017 at about 11.00 a.m. to 11.30 a.m. there was
quarrel near his gym at Andheri. Some persons were fighting, and he
went there to rescue the fight. At the time of rescuing he sustained
injuries on his right hand and head. He deposed that as there was crowd,
he does not see who has assaulted him. In crossexamination the
informant admitted that dispute is settled between him and accused and
therefore, he does not want to proceed with the case.
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4 C. C. NO. 1941/PW/2018
(Judgment)
7. I have gone through the prosecution evidence. The informant
and accused have filed compromise pursis (Exh.4) on record. From the
record it is clear that due to compromise between the parties, the
informant Ansar Mohammad Khan (P.W.1) has not stated anything
against the accused. No incriminating evidence came on record against
the accused. The prosecution failed to prove the charges levelled against
the accused. Hence, I answer point no.1 in the negative.
AS TO POINT NO.2 :
8. The prosecution failed to prove guilt of the accused.
Therefore, accused are entitled to be acquitted. Seized muddemal i.e. iron
rod being worthless, be destroyed after appeal period if over. In the
result, in answer to point no.2, I pass the following order.
ORDER
1 Accused no.1. Mohd. Asif Amin Faruqui and no.2. Mohd. Saif Amin
Faruqui are acquitted of the offence punishable under Section 326 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 After appeal period, seized muddemal i.e. iron rod be destroyed.
4 The accused to execute P.R. Bond of Rs.15,000/ each with one
solvent surety vide Section 437 – A of the Code of Criminal
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5 C. C. NO. 1941/PW/2018
(Judgment)
Procedure for appearance before the higher court, if said court issues
notice to them for their appearance.
Place : Mumbai.
Date : 26/09/2023.
(Nilesh V. Bansal)
Metropolitan Magistrate,
Railway Court, Andheri, Mumbai.
Dictated On : 26/09/2023,
Transcribed On : 26/09/2023
Checked and Signed On : 26/09/2023
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