Final Order 4

Order Details: Copy  of Judgment
Pdf Text: C.C.NO. 2281/PW/2018 1 of 7 JUDGMENT
MHMM190095102018
Received on :- 23.08.2018
Registered on :- 23.08.2018
Decided on :- 01.01.2026
Duration :- 07Ys. 04M. 09Ds.
Exh. :- 10
Part ‘A’
[Para 44(i) of Chapter VI of Criminal Manual]
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE,
(Presided over by : Dr. G. D. Nirmale, Additional Chief Judicial
Magistrate, Court No.22. Andheri, Mumbai)
Decided on :- 01.01.2026
Criminal Case No.2281/PW/2018
FIR No.
Police Station
242/2017
Sahar Police Station
COMPLAINANT State of Maharashtra
Through :-
Sahar Police Station
REPRESENTED
BY
A.P.P. Mr. K. S. Jamdhade, for the State.
ACCUSED
Rohit Shrirang Bele
Age :- 32 years, Occupation :- Service
R/o.: Borosel Chawl, near Bawadi,
near Panchsheel Buddh Vihar,
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C.C.NO. 2281/PW/2018 2 of 7 JUDGMENT
Lelewadi, Andheri-Kurla Road, Andheri(E),
Mumbai.
REPRESENTED
BY
Advocate Mr. Mangesh Pawar, for the accused.
Part ‘B’
[Para 44(ii) of Chapter VI of Criminal Manual]
Date of Offence 10.08.2017
Date of F.I.R. 10.08.2017
Date of Chargesheet 23.08.2018
Date of Framing of Charges 10.11.2025
Date of commencement of evidence 10.11.2025
Date on which Judgment is reserved 01.01.2026
Date of the Judgment 01.01.2026
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. Rohit
Shrirang
Bele
10.08.
2017
10.08.
2017
324, 34 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. 05 Rehan Ayub Shaikh Informant/injured
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C.C.NO. 2281/PW/2018 3 of 7 JUDGMENT
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)
- - -
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. Prosecution :
Sr. No. Exhibit Number Description
1. Exhibit- 06 & 07 / PW-01 Signature on the FIR & printed FIR
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 01.01.2026)
1. The accused is arraigned for commission of offence
punishable under Sections 323, 324, 504 read with section 34 of the
Indian Penal Code, 1860 (for the sake of brevity hereinafter referred to
as 'I.P.C.').
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C.C.NO. 2281/PW/2018 4 of 7 JUDGMENT
Facts germane to the prosecution case are bridged thus :-
2. On 10.08.2017 at about 11:00 p.m. informant Rehan Ayub
Shaikh received a phone call from his friend, Praful Waghmare, who
requested the informant to accompany him to his in-laws place. The
informant honoured the request of his friend and went to his in-laws
place by his car with Praful Waghmare and his father Balu Waghmare.
They reached around 12:30 a.m. The informant stopped at a distance and
Praful went towards the house of his in-laws, where he met his father-in-
law. After a while the informant heard abuses, hence he went to pacify
the quarrel. That time accused Rohit Bele started hurling abuses and
assaulting the informant. A stranger then inflicted a blow on his head by
bottle and accused Rohit inflicted a blow of bamboo on his head. The
informant was taken to Lotus Hospital by his friend Praful Waghmare.
After obtaining treatment, he lodged report with Sahar Police Station.
3 On the basis of the report lodged by the informant Crime
No. 242/2017, under Sections 323, 324 read with Section 34 of the I.P.C.
was registered with Sahar Police Station, and work of investigation was
carried out by P.S.I. Mrs. Kavita Naik of Sahar police station.
4. During investigation police visited the place of occurrence,
prepared panchanamas, arrested the accused, recorded the statements of
witnesses and after completion of investigation charge sheet was filed
for offence punishable under Sections 323, 324, 504 read with Section
34 of the I.P.C.
Charge :-
5. Accused abjured the guilt and claimed to be tried when
charge (Exh-04) was read over and explained to him in vernacular.
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C.C.NO. 2281/PW/2018 5 of 7 JUDGMENT
Evidence for Prosecution :-
6. To substantiate the charges levelled against the accused,
prosecution examined informant Rehan Ayub Shaikh as PW No.1 vide
Exh-05.
Defence :-
7. From the scrutiny of the cross examination and answers
given by the accused during the statement recorded under Section 313
Cr.P.C. (Exh-09), it appears that defence of accused is of denial and false
accusations. However, no evidence is led in defence.
Points for determination:
8. Perused the evidence on record. Heard learned advocate
Mr. K. S. Jamdhade for the prosecution and Mr. Mangesh Pawar learned
counsel for the accused.
9. In view of offence charged against the accused, following
points arise for determination the finding and reasons for which are
recorded as under :-
Sr. No.
Points
Findings
1] Whether the prosecution has proved that,
accused voluntarily caused hurt to the
informant by means of bamboo and bottle
which when used as weapon of offence is
likely to cause death ? No.
2] What order ? Accused stands
acquitted.
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C.C.NO. 2281/PW/2018 6 of 7 JUDGMENT
-: REASONS :-
Point Nos.1 & 2 :-
10. In order to prove the charge leveled against the accused
prosecution has examined one witness, i.e., Mr. Rehan Ayub Shaikh (PW
No.1 Exh-05), as the informant and injured. Testimony of this witness
shows that, even though he is the person to whom the alleged wrong is
caused he did not support the prosecution case.
11. At the outset it is necessary to mention that, the informant
and accused filed a joint application vide Exhibit 02 stating that, they
have amicably settled the matter outside the Court and they sought
permission to compound the matter. As offences under Sections 323 &
504 of the Indian Penal Code are compoundable as per Section 320(2) of
Cr.P.C., the accused were acquitted of these offences vide section 320(8)
Cr.P.C, and the matter proceeded for offence under section 324 of the
Indian Penal Code.
12. In this backdrop the evidence of the informant was
recorded. While deposing the informant stated nothing against the
accused which would prove the charges leveled against him. He stated
that, on day of incident there was dispute between some persons, he went
to intervene and got assaulted. The informant also denied the contents of
report on the basis of which crime was registered. Despite being
subjected to detailed cross examination nothing favourable for
prosecution could be elicited from this witness. Hence, the FIR itself is
not proved. After the testimony of informant, who is injured prosecution
has filed evidence close purshis vide Exhibit-08.
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C.C.NO. 2281/PW/2018 7 of 7 JUDGMENT
13. In such situation there is no evidence on record against the
accused. Therefore, the prosecution failed to prove the charge under
Section 324 of the I.P.C. beyond reasonable doubt for want of evidence.
Hence point No.1 is answered in the negative. In result the following
order is passed.
ORDER
1) Accused Rohit Shrirang Bele, Age :- 32 years, is hereby
acquitted of the offence punishable under Section 324 of the
Indian Penal Code, 1860, vide Section 248(1) of The Code of
Criminal Procedure, 1973.
2) Bail bonds of accused stand canceled. However the accused
shall furnish fresh PB and SB of Rs.7,500/- (Rs. Seven
Thousand Five Hundred only) each towards compliance of
section 437-A of The Code of Criminal Procedure, 1973.
3) These bonds shall remain in force for six months from the date
of this Order.
Date.:- 01.01.2026
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate
22nd Court, Andheri, Mumbai
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