Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.4401953/PW/2018
Received on : 20.07.2018,
Registered on : 10.09.2018,
Decided on : 21/03/2022,
Duration : 03 Y. 08 M. 01 D.
Exh. :
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. MHMM190090312018 )
(a) The serial No. of the case; : C.C.NO.4401953/PW/2018
(b) The date of commission of
the offence;
: 20/10/2017
(c) The name of the
complainant
(if any);
: The State (Versova Police Station
in C. R. No. 371/2017).
(d) The name of the accused
persons and their
parentage and residence;
: 1. Deepak Yashwant Singh,
Age 25 Years.
Occupation Service,
R/o.Room No.103,
Gokul Building, 1st Floor,
R. T. O. Amboli,
Andheri (W), Mumbai.
2. Aditya Dinesh Samant,
Age 20 Yrs.
Occupation Nil
R/o. Room No.1, Society No.64,
Mhada, Char Bangala,
Andheri (W), Mumbai.
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(e) The offences complained of
or proved ;
: Under Sections 324, 323, 504
read with Section 34 of the Indian
Penal Code.
(f) The plea of the accused
and their examination (if
any);
: The accused are pleaded not
guilty
(g) The final order; : The accused are acquitted.
(h) The date of such order; : 21/03/2022,
Mr. A. M. Shah, APP for the State.
Mr. S. S. Yadav, Advocate for both the accused.
J U D G M E N T
(Delivered on 21st March, 2022)
1. The accused No.1 and 2 are prosecuted for the offence
punishable under Section 324, 323, 504 read with Section 34 of the
Indian Penal Code.
2. In brief, it is the case of the prosecution that at about 00.30
hrs. at Society No.74, Char Bangala, Mhada, Andheri (W), Mumbai, the
informant while returning from his job he saw there is public nuisance.
Therefore, he went there. He saw some persons have beaten his brother
Ajay Thakur. Therefore, he is trying to rescue the scuffle. He asked
them why they beaten his brother. They abused him. Accused Deepak
assaulted the informant by means of stone due to which he sustained
injury on his right ear and left eye. Therefore, he fell down on surface.
Accused Adi and Adil had assaulted the informant by means of fist and
kick blows. Peoples gathered there rescued the informant. Therefore,
accused are ran away from the spot. Thereafter, the informant after
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taking medial treatment in Cooper Hospital went to police station
Versova and lodged report against the accused persons.
3. On the basis of the report given by the informant, crime no.
371/2017 came to be registered against the accused. During
investigation I.O. drawn spot panchanama in presence of panch
witnesses. He arrested the accused. During further investigation I.O.
recorded statement of witnesses. After completion of investigation, I.O.
filed chargesheet.
4. The charge is framed against the accused for the above
mentioned offence. The accused pleaded not guilty and claimed to be
tried. The prosecution has examined only one witness i.e. 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 :
Sr.No. POINTS FINDINGS
1] Does the prosecution prove that both
the accused in furtherance of their
common intention, voluntarily caused
hurt to the informant by means of
stone ?
In the negative
2] Does the prosecution prove that both
the accused in furtherance of their
common intention, voluntarily caused
hurt to the informant and his brother?
In the negative
3] Does the prosecution prove that both
the accused in furtherance of their
common intention intentionally
In the negative
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insulted the informant by abusing him?
4] What order ? The accused are
acquitted.
R E A S O N S
AS TO POINT NO. 1 TO 4 :
6. The informant Rohit Shivaji Thakur (P. W. 1) deposes at
Exh. P04 that he do not remember about the incident but there was
quarrel between him and accused. He lodged F.I.R. against the
accused. His signature on FIR is at Exh.5. As the witness is not
supporting to the prosecution case with permission of the Court the Ld.
A.P.P. asked leading question in which P.W.No.1, informant denied that
accused has assaulted him with stone and he filed complaint against the
accused. He sustained injury.
7. I have gone through the record. Though sufficient
opportunity were given to the prosecution, they failed to examine other
witnesses including Medical Officer, Pancha witnesses and Investigating
Officer. The case is more than 03 years old. No any incriminating
evidence came on record against the accused during evidence of the
informant. The prosecution failed to prove the charges levelled against
the accused. Hence, I answer Point No. 1 to 3 in the negative.
AS TO POINT NO.4:
8. The prosecution failed to prove guilt of the accused.
Therefore, the accused are liable to be acquitted. In the result, in
answer to Point No.4, I pass the following order.
ORDER
1 The accused No.1 Deepak Yashwant Singh and accused No.2
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Aditya Dinesh Samant are acquitted of the offence punishable
under Sections 324, 323, 504 read with 34 of the Indian Penal
Code vide Section 248 (1) of the Code of Criminal Procedure.
2 Bail bond of the accused No.1 and 2 stands cancelled.
3 The accused No.1 and 2 to execute P.R. Bond of Rs.15,000/
each vide Section 437– A of the Code of Criminal Procedure for
appearance before the higher court, if said court issues notice
to them for their 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:21/03/2022 44 th Court, Andheri, Mumbai.
spj
Typed on : 21.03.2022
Signed on : 21.03.2022
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