Final Order 1

Order Details: Copy  of Judgment
Pdf Text: – 1 – C.C.NO.2413/PS/2018
Received on : 23/08/2018
Registered on : 23/08/2018
Decided on : 19/04/2023
Duration : 04 Y.07 M. 27 D.
Exh. : 09
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44th COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY A. I. SHAIKH)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(CNR NO. :MHMM190083552018 )
(a) The serial No. of the case; : C.C.NO.2413/PS/2018
(b) The date of commission of
the offence;
: 09/04/2018
(c) The name of the
complainant (if any);
: The State (Versova Police Station
in C. R. No. 150/2018).
(d) The name of the accused
persons and their parentage
and residence;
: Arjun Bhanudas Yele,
Age 42 Yrs.
Occupation Nil
R/o.Sagar Kutir Sangh,
Sat Bangala, Versova,
Andheri (W), Mumbai.
(e) The offences complained of
or proved ;
: Under Sections 279, 338 of the
Indian Penal Code r/w. 134(A)(B)
of the Motor Vehicle Act.
(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; : 19/04/2023
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Ms. Seema Mokal, APP for the State.
Mr. D. D. Kerkar, Advocate for the accused.
J U D G M E N T
(Delivered on 19/04/2023.)
The accused is prosecuted for the offence punishable under
Sections 279, 338 of the Indian Penal Code r/w. 134(A)(B) of the
Motor Vehicle Act.
2. It is the case of the prosecution is that on 09/04/2014
informant going to circulate the newspapers. When he crossed the road
at Nana Nani Park one tempo bearing no.MH025001 came from his
back side and gave dash to him. Therefore, he fell down and sustained
injury on his left hand and waist. The driver of tempo came with him.
He know the accused who was the driver of the tempo. The accused
told informant that he will meet him after. Thereafter, Mrs. Kaunder
took him to Spirit Hospital. Informant had sustained fracture injury on
his right hand. Hence, he lodged report with Police Station against the
accused.
3. On the basis of the report given by the informant, crime no.
150/2018 came to be registered against the accused. During
investigation I.O. arrested the accused, prepared spot panchanama and
recorded statement of witnesses. After completion of investigation filed
chargesheet against the accused.
4. The charge is framed against the accused for the above
mentioned offences. The accused pleaded not guilty and claimed to be
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– 3 – C.C.NO.2413/PS/2018
tried. The prosecution has examined total four witnesses in this case.
As there is no incriminating evidence against the accused in the
evidence of prosecution witness, statement of the accused under Section
313 of the Code of Criminal Procedure is dispensed with.
5. The points for determination alongwith my findings
thereon as under :
POINTS FINDINGS
1]
Does the prosecution prove that the
accused drove his tempo bearing
registration No.MH02CE5001 on a
public road in a manner so rash or
negligent as to endanger human life ?
In the negative
2]
Does the prosecution prove that the
accused drove his tempo bearing
registration No.MH02CE5001 on a
public road in a manner so rash or
negligent as to endanger human life
and thereby gave dash to the informant
causing grievous injury to him?
In the negative
3]
Does the prosecution prove that the
accused did not give the information
regarding the accident to the nearest
police station and did not provide
medical aid to the injured?
In the negative
4] What order ? The accused is acquitted.
R E A S O N S
AS TO POINTS NO. 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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7. Ravindra Anandrao Shinde, informant (P.W.1) deposes at
Exh.4 that incident occurred on 9/04/2018. He was circulating the
newspapers. At that time he was standing on divider one three wheeler
tempo bearing No.MH025001 came from wrong side and dashed him.
Due to that he sustained injury on his hip boll and left hand. He saw
that accused Bhanudas has driven the said tempo. People have taken
him to the hospital. Police had recorded his complaint Exh.5.
8. During crossexamination he stated that he know the
accused prior to incident. He admitted that at the spot of incident there
is no any signal and he was carrying bundle of newspapers in his hand.
He denied that he fell down as he was slipped. He denied that accused
never dashed him but he himself fell down. He further denied that due
to fell down he get injury on his hand.
9. Sopan Bhanduda Yele, (P.W.2) deposes at Exh.6 and
Anjana Sopan Yele (P.W.3) deposes at Ex.7 that they do not know
about the incident. They have not present at the spot of incident.
10. Natwarlal Chimanlal Solanki, Panch witness (P.W.4)
deposes at Exh.8 that police had not called him to act as panch. They
have taken his signature at police station itself. He do not know about
the panchanama.
11. I have gone through the record. The defence taken by
accused that informant has dash tempo and falsely filed F.I.R. it can not
rule out and do not overlook. There is no concrete evidence against the
accused. Hence, the prosecution failed to prove the charges levelled
against the accused. Hence, I answer Points No.1 to 3 in the negative.
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AS TO POINT NO.4:
12. 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.
ORDER
1 The accused Arjun Bhanudas Yele is acquitted of the offences
punishable under Sections 279, 338 of the Indian Penal Code
r/w. 134(A)(B) of the Motor Vehicle Act vide Section 255 (1)
of the Code of Criminal Procedure.
2 Bail bond of the accused stand cancelled.
3 The accused to execute P.R. Bond of Rs.15,000/ 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.
The Judgment is transcribed directly on the computer and
pronounced in open Court.
Mumbai ( A. I. Shaikh )
Metropolitan Magistrate,
Date: 19/04/2023 44 th Court, Andheri, Mumbai.
spj
Typed on : 19/04/2023
Signed on :19/04/2023
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