Final Order 2

Order Details: Copy  of Judgment
Pdf Text: MHMM190092782019 Received on :- 06/06/2019
Registered on :- 06/06/2019
Decided on :- 27/08/2026
Duration :- Y-07 M-02 D-21
Exh.:- 07
Part ‘A’
[Para 44(i) of Chapter VI of Criminal Manual]
IN THE COURT OF 22ND ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, ANDHERI, MUMBAI.
(Presided over by : Shri. U. L. Pathak)
C.C.No.2201605/PW/2019
FIR No.
Police Station
74/2019
MIDC Police Station
PROSECUTION The State of Maharashtra
Through :- MIDC Police Station, Mumbai.
Represented By A.P.P. Mr. K. S. Jamdhade, for the State.
ACCUSED
Vishal s/o Vithoba Patade
Age :- 33 years, Occupation :- Service
R/o.: Khardanda, Patade House, Govind Patil
Road, Yari Nagar, behind Nizam Villa(E),
Khar(W), Mumbai.
Represented By Advocate Devika Mehra, for the accused.
Part ‘B’
[Para 44(ii) of Chapter VI of Criminal Manual]
Date of Offence 20/02/2019
Date of F.I.R. 20/02/2019
Date of Charge-sheet 06/06/2019
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Judgment Exh.07
Date of Framing of Charges 12/12/2025
Date of commencement of evidence 24/08/2026
Date on which Judgment is reserved 27/08/2026
Date of the Judgment 27/08/2026
Date of the Sentencing Order, if any -
Accused Details
Rank of
accused
Name of
accused
Date of
Arrest
Date of
Release
on Bail
Offences
charged with
Whether
acquitted or
convicted
Sentence
imposed
Period of
Detention
Undergone
during
Trial for
purpose of
Section
428, Cr.P.C.
1. Vishal s/o
Vithoba
Patade
20/02/
2019
20/02/
2019
u/sec.324,
504 of IPC
Acquitted. -- --
Part 'C'
[Para 44(iii) of Chapter VI of Criminal Manual]
LIST OF PROSECUTION / DEFENCE / COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
PW1/Exh. 06 Nilesh Daulat Gadadhare Informant
B. Defence Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
- - -
C. Court Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
- - -
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Judgment Exh.07
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. Prosecution :
Sr. No. Exhibit Number Description
- - -
B. Defence :
Sr. No. Exhibit Number Description
- - -
C. Court Exhibits :
Sr. No. Exhibit Number Description
- - -
D. Material Objects :
Sr. No. Material Object Number
Description
1
J U D G M E N T
(Delivered on 27/08/2026)
The accused is charged for the offence punishable under
Section 324, 504 of the Indian Penal Code (for the sake of brevity
hereinafter referred to as 'I.P.C.').
2] In short, it is the case of the informant that on 20.02.2019
at about 3.30 p.m. he was walking in front of road of Sheepz Gate
No.01, MIDC, Andheri(E), Mumbai. At that time, there was heavy traffic
and thus he was unable to walk. Thus, he asked the Rider of Activa
Motorcycle bearing No.MH-02-EG-3577 to move ahead as there was
some space so that he could move further. Thereafter, the Motorcycle
rider-accused came behind him and kept hand on his shoulder and then
started quarreling with him and also beat him particularly to his left ear
by his steel Kada (Steel Bracelet). Owing to that, the informant
bleeding injury and he fell down. Thereafter, he dialed 100 and called
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Judgment Exh.07
the police. After taking primary treatment, he lodged report about the
incident to MIDC Police Station.
3] On the basis of the report lodged by the informant Crime
No.74/2019 was registered with MIDC Police Station and the
investigation was carried out by PSI Amol Shivsharan of MIDC police
station.
4] During investigation, the investigation officer visited the
spot of incident, prepared panchanamas, arrested the accused, recorded
the statements of witnesses and after completion of investigation, the
charge sheet came to be filed for the offence punishable under section
324, 504 of the Indian Penal Code.
5] The charge of the accused was recorded at Exh-3. He
pleaded not guilty and claimed to be tried. The prosecution has led its
evidence. As the informant turned hostile, the evidence of prosecution
was closed. As there were no incriminating circumstances came on
record against the accused, his statement under section 313 of Cr. P.C.
was dispensed with.
6] Heard Ld.APP and advocate for the accused.
7] The points arise for determination along with my finding
thereon are as under :-
Sr. No.
Points
Findings
1] Has the prosecution proved that accused
voluntarily caused hurt to informant
namely Nilesh Daulta Gadadhare by
means of steel Kada which used as
weapon of offence is likely to cause death No
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Judgment Exh.07
and thereby committed an offence
punishable under section 324 of Indian
Penal Code?
2] Has the prosecution proved that accused
intentionally insulted informant by
abusing him and thereby gave
provocation to him intending or knowing
it to be likely that such provocation will
cause him to break the public peace, or to
commit any offence and thereby
committed an offence punishable under
section 504 of the Indian Penal Code?
No
3] What order ? The accused is
acquitted.
R E A S O N S
POINT NOS. 1 & 2 :-
8] In order to bring home the guilt of the accused, the
prosecution has examined the informant – Nilesh Daulat Gadadhare
(PW-01) at Exh.06. However, he completely turned hostile to the
prosecution stating that someone hit him with Rod from his back side of
the head due to which he fallen down and became unconscious. Even
the prosecution could not bring on record any material during his cross
examination. As such, there is nothing on record which would connect
the accused with the alleged crime. Therefore, I hold that the
prosecution has failed to establish the fact that the accused voluntarily
caused hurt to informant by means of steel Kada (Steel Bracelet) and
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Judgment Exh.07
insulted by abusing him. Thus, I hold that the prosecution has failed to
prove the guilt of the accused beyond all reasonable doubts. Hence, I
answer Point No.1 and 2 in the negative.
AS TO POINT NO. 3:-
9] As the prosecution has failed to establish the guilt of
accused beyond all reasonable doubts, he will have to be acquitted for
the offence punishable under section 324, 504 of the Indian Penal Code.
Hence, in answer to Point No.3, I pass the following order:-
O R D E R
1. Accused is hereby acquitted of the offence punishable under
Sections 324, 504 of Indian Penal Code, vide Section 248(1) of
The Code of Criminal Procedure, 1973.
2. The earlier bail bonds of accused stand cancelled.
3. The seized Muddemal Property i.e. Steel Kada (Steel Bracelet)
being worthless be destroyed after appeal period is over.
4. The accused to furnish P.R. of Rs.15,000/- in compliance to
section 437(A) of The Code of Criminal Procedure, 1973.
(The Judgment is dictated on dais and pronounced in open
Court.)
Date.:- 27/08/2026
(U. L. PATHAK)
Addl. Chief Judicial Magistrate
22nd Court, Andheri, Mumbai
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