Final Order 1

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO.2240/PW/2018
MHMM190087232018
Received on :- 20.08.2018
Registered on :- 20.08.2018
Decided on :- 23.05.2025
Duration :- 06Ys. 09M. 03Ds.
Exh. :- 18
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(JUDGMENT U/SEC. 355 OF CRIMINAL PROCEDURE CODE)
(a) The serial number of the
case;
: C.C. No. 2240/PW/2018
(b) The date of commission of
the offence;
: 12.03.2017
(c) The name of informant
(if any);
: The State (M.I.D.C. Police Station
in C. R. No.94/2017).
(d) The names of the accused
persons, their parentage
and residence;
: 1)
2)
Mandar Ashok Penkar,
Age:Adult
Occupation : Driver
R/at : Istak Chawl, Room
No. 25, Marol Pipeline,
Andheri(E), Mumbai
Aabad Mustaq Khan
Age: Adult
Occupation : Education
R/at : 16, The Great
Indiranagar, Marol Pipeline,
Andheri(E), Mumbai
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JUDGMENT 2 C.C.NO.2240/PW/2018
3)
4)
5)
6)
7)
Amin Usman Mukadam,
Age: Adult
Occupation : Education
R/at : Room No.21,
Mahendra Singh Chawl, Sai
Nagar, New Technical Area,
Marol Pipeline, Andheri(E),
Mumbai.
Zeeshan Naushad Khan,
Age: Adult
R/at : Room No.1, Ramran
Yadav Chawl, Andheri-
Kurla Road, Andheri(E),
Mumbai.
Jameel Ahmed Nadim
Shaikh
Age: Adult
R/at : Mobin Chawl, Room
No.2, opposite S.M. Centre,
Chimatpada, Andheri(E),
Mumbai.
Adnan Farookh Shaikh,
Age: Adult
R/at : Istak Chawl,
5/2, Technical Area,
Marol Pipeline,
Andheri(E), Mumbai.
Akash Santosh Singh @
Baggi
Age:Adult
Occupation : Room No.1,
Kedar Singh Chawl, Marol
Pipeline, Andheri(E), Mumbai.
e) The offences complained
of or proved ;
: Under Sections 143, 144, 147
149, 323, 324 of the Indian Penal
Code
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JUDGMENT 3 C.C.NO.2240/PW/2018
(f) The plea of the accused
and examination (if any);
: Accused pleaded not guilty and
claimed to be tried.
(g) The final order; : Accused are acquitted.
(h) The date of such order; : 23.05.2025.
APPEARANCE : -
Ld. A.P.P. Mr. Jamdhade for State.
Ld. Advocate Mr. Yadav for the accused
J U D G M E N T
(Delivered on 23.05.2025)
The above named accused person stands charged for
having committed an offence punishable under Sections 143, 144, 147
149, 323, 324 of the Indian Penal Code, 1860 (for the sake of brevity
hereinafter referred to as 'I.P.C.').
2. Facts germane to the prosecution case is abridged thus :-
As per the facts averred by the prosecution, there was
dispute between accused Amin and informant on the count of abuses
hurled on Facebook. That on 12.03.2017 accused Amin along with
other accused persons came in front of Hukka Parlour namely ‘East Side
Cafe’. The accused persons formed unlawful assembly and assaulted
informant by hands, belt and chain. His friend Mehtab, brother Naeem
and Shyam came to resolve matter, at that time they were also assaulted
by the accused persons. During incident gold chain of Mehatab got
misplaced. The informant sustained bleeding injury, he was referred to
Trauma Care Hospital, Jogeshwari(E), Mumbai for treatment and
consequently offence was registered by local police vide C.R. No.
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JUDGMENT 4 C.C.NO.2240/PW/2018
94/2017 under sections 143, 144, 147, 149, 323, 324 of IPC against the
accused. Investigation of the case was carried out by P.S.I. Shri. Laxman
Lokare. After investigation he found sufficient evidence against the
accused, hence forwarded charge-sheet under supra sections.
3. Charges were framed against accused on 22.02.2024. They
pleaded not guilty and claimed to be tried. In view of above rival facts
following points arose for my determination and I record my findings
thereon with reasons thereof :-
Sr. No.
Points
Findings
1] Does the prosecution prove that, on above
date, time and place accused were member
of an unlawful assembly, the common object
of which was to to cause hurt to informant
and thereby committed an offence
punishable under section 143 of the I.P.C ? In the negative.
2] Does the prosecution prove that, on above
date, time and place accused were a member
of an unlawful assembly, armed with
something which used as a weapon of
offence, is likely to cause death, to
informant and thereby committed an offence
punishable under section 144
of the IPC? In the negative.
3] Does the prosecution prove that, on above
date, time and place accused were member
of an unlawful assembly, and in prosecution
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JUDGMENT 5 C.C.NO.2240/PW/2018
of the common object of such assembly
committed the offence of rioting, and that
you thereby committed an offence
punishable under section 147 of the IPC? In the negative.
4] Does the prosecution prove that, on above
date, time and place accused were member
of an unlawful assembly, and in prosecution
of the common object of such assembly
voluntarily caused hurt to the informant and
witness thereby committed an offence
punishable under section 323 r/w 149 of the
IPC? In the negative.
5] Does the prosecution prove that, on above
date, time and place accused were member
of an unlawful assembly, and in prosecution
of the common object of such assembly
voluntarily caused hurt to informant by hand,
by means of belt and chain, which used as a
weapon of offence is likely to cause death
and thereby committed an offence punishable
under section 324 r/w 149? In the negative.
6] What order ? As per final order.
R E A S O N S
4. Prosecution in the instant case has examined only one
witness, whereas the defence did not examine any witness in support of
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JUDGMENT 6 C.C.NO.2240/PW/2018
their case. Prosecution examined informant Arbaz Ataullah Khan as PW
No.1 vide Exh-16. As there was no incriminating evidence against
accused, the statement of the accused u/s. 313 of Cr.P.C. was
dispensed with. Heard both sides.
5. The informant-cum-injured testified at Exh-16 that he
knew all accused. On the day of incident when he was coming out
of the hotel ‘East Side’ in the night, few unknown persons entered
into the hotel, in a drunken state, they pushed him and abused him,
he objected, they beat him. He sustained injury on his head and
back. His family member took him to hospital. Further he deposed
that the accused who were present that day took him to the Police
Station and they in fact saved him. He lodged report, but he doesn’t
know the contents of the F.I.R.
6. In the cross-examination conducted by Ld. A.P.P. the
portion marked ‘A’ in his statement describing the incident, was read
over to him, but he denied all that fact.
7. The sole witness examined by the prosecution is the key
witnesses as he is injured, however, he completely turned hostile.
Despite searching cross-examination prosecution failed to bring
anything on record, which could disclose the complicity of accused
in the commission of alleged crime. Being there nothing
incriminating against accused, prosecution failed to prove the
charge. Accordingly, I answer point Nos.1 to 5 in the negative.
AS TO POINT NO. 6 :-
8. Since the point Nos. 1 to 5 are determined in the
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JUDGMENT 7 C.C.NO.2240/PW/2018
negative, I am of the opinion that, the prosecution has failed to
prove its case beyond reasonable doubt and the accused persons are
liable to be acquitted. Hence, the following order:-
O R D E R
1. Accused Nos.1) Mandar Ashok Penkar, Age:Adult; 2) Aabad
Mustaq Khan, Age: Adult; 3) Amin Usman Mukadam, Age:
Adult; 4) Zeeshan Naushad Khan, Age: Adult; 5) Jameel Ahmed
Nadim Shaikh, Age: Adult; 6) Adnan Farookh Shaikh, Age:
Adult and 7) Akash Santosh Singh @ Baggi, Age:Adult are
hereby acquitted vide Section 248(1) of Cr.P.C. for the offence
punishable under Sections 143, 144, 147, 323, 324 r/w 149 of
I.P.C.
2. The earlier P.R. bonds of accused stand cancelled.
3. The accused to furnish P.R. of Rs.5,000/- each in compliance to
section 437(A) of Cr.P.C.
(Judgment dictated on dais and pronounced in open court).
Date.:- 23.05.2025
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate
22nd Court, Andheri, Mumbai
csj
Typed on : 26.05.2025
Signed on : 28.05.2025
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