Final Order 4

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO.2277/PW/2018
MHMM190095642018
Received on :- 23.08.2018
Registered on :- 26.09.2018
Decided on :- 17.06.2026
Duration :- 7 Ys.9 M. 25 Ds.
Exh. :- 16
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
(Presided over by : U. L. Pathak, Additional Chief Judicial
Magistrate, Court No.22, Andheri, Mumbai)
Decided on :- 17/06/2026
Criminal Case No. 2277/PW/2018
CNR No.MHMM19-009564-2018
FIR No.
Police Station
171/2017
Sahar Police Station
COMPLAINANT State of Maharashtra
Through :-
Sahar Police Station
REPRESENTED
BY
A.P.P. Mr. K. S. Jamdhade, for the State.
ACCUSED
1)
2)
Rita Kumar Mani Mariappan
Age - 52 years, Occupation - Nil,
Saroj Tamil Aresan,
Age – 44 years, Occupation – Nil,
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JUDGMENT 2 C.C.NO.2277/PW/2018
3)
4)
5)
Sandana Merry Mani,
Age – 75 years, Occupation – Nil,
Accused No.1 to 3
R/o.: Room No.7, John D’Souza House,
Road No.2, Sahar Gaon,
Andheri (E), Mumbai.
Natasha Karunakaran,
Age – 29 years, Occupation – Nil,
Kavita Mani,
Age – 33 years, Occupation – Nil,
Accused No.4 and 5
R/o. : Room No.123, John D’Souza House,
Road No.2, Sahar Gaon,
Andheri (E), Mumbai.
Date of Offence 09/06/2017
Date of Complaint 10/06/2017
Date of Charge-sheet 23/08/2018
Date of Framing of Charge 14/01/2026
Date of commencement of evidence 16/03/2026
Date on which case reserved for Judgment 17/06/2026
Date of the Judgment 17/06/2026
Date of the Sentencing Order, if any 17/06/2026
Details of Accused
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. Rita 12/06/ 12/06/2 324, r/w 34 Acquitted - -
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JUDGMENT 3 C.C.NO.2277/PW/2018
Kumar
Mani
Mariapp
an
2017 017 of Indian
Penal Code
2. Saroj
Tamil
Aresan
21/03/
2018
21/03/2
018
-do- -do- -do- -do-
3 Sandan
a Merry
Mani
-do- -do- -do- -do- -do- -do-
4 Natasha
Karunak
aran
-do- -do- -do- -do- -do- -do-
5 Kavita
Mani
-do- -do- -do- -do- -do- -do-
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. 12 Perpetual Eubal D’Souza
Informant
PW2/Exh.15 Eubal Domnic D’Souza
Witness
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 :
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JUDGMENT 4 C.C.NO.2277/PW/2018
Sr. No. Exhibit Number Description
1. Exhibit-08 and 09
Signature on 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
- - -
J U D G M E N T
(Delivered on 17/06/2026)
1. The accused are charged for the offence punishable under
Sections 324 r/w 34 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 prosecution that the informant
Perpetual Uben D’souza was residing along with her family members at
Sahar Gaon, Andheri. There was adjoining house of Sandana Merry
Mani. There was property dispute in between the accused persons and
her family. On 09/06/2017, the officers of the corporation had
removed the upper portion of her house branding them as unauthorized
in their action. During that time, the accused Rita Kumar had pulled
the hand of nine year old daughter Rechel of informant. In the evening
at about 6.00 p.m. the accused persons had come in front of the house
near market place in pursuance of common object along with rod and
stone and also beat the informant and her husband by means of iron
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JUDGMENT 5 C.C.NO.2277/PW/2018
rod and stone. They were also abusing them in filthy language and also
threatened to dire consequences. On that basis the informant lodged
the report with the police station Sahar.
3. On the basis of the report lodged by the informant Crime
No.171/2017 was registered with Sahar Police Station and work of
investigation was carried out by Rahul Shinde of Sahar 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 was filed for the offence punishable under section 324 r/w
34 of the Indian Penal Code.
5. The charge of the accused was recorded at Exh-5. They
pleaded not guilty and claimed to be tried. In the meanwhile, the case
was compounded to the extent of charge under section 324, 504, 506,
143, 144, 147 and 149 of the Indian Penal Code. The prosecution has
led its evidence. As the informant turned hostile and mater was also
compounded, the evidence of prosecution was closed. As there were no
incriminating circumstances came on record against the accused
persons, their statements under section 313 of Cr. P.C. were dispensed
with.
6. The points arise for determination along with my finding
thereon are as under :-
Sr. No.
Points
Findings
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JUDGMENT 6 C.C.NO.2277/PW/2018
1] Has the prosecution proved that the
accused in furtherance of their common
intention voluntarily caused hurt to the
informant by means of deadly weapon
i.e. iron rod and stone and thereby
committed an offence punishable under
section 324 r/w 34 of Indian Penal
Code?
No
2] What order ? The accused are
acquitted.
R E A S O N S
POINT NO. 1 :-
7. In order to prove the guilt of accused, the prosecution has
examined the informant – Perpetual D’Souza (PW 1) at Exh.12 and
Eubal D’Souza (PW 2) at Exh.15. However, the informant as well the
witness completely turned hostile to the prosecution stating that no
such incident ever took place though the report (Exh.13) and FIR
(Exh.14) were lodged. Moreover, it is the matter of fact that the case is
compromised and compounded between the informant and the accused
persons. The accused were already acquitted for the offence punishable
under section 504, 506, 143, 144, 147 and 149 of the Indian Penal
Code by passing specific order dated 16/03/2026 below Exh.01.
8. As such, there is no evidence on record to bring home the
guilt of accused persons. Hence, I hold that the prosecution has failed
to prove the guilt of the accused beyond reasonable doubts. Hence, I
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JUDGMENT 7 C.C.NO.2277/PW/2018
answer Point No.1 in the negative.
AS TO POINT NO.2:-
9. As the prosecution has failed to establish the guilt of
accused beyond all reasonable doubts, they will have to be acquitted for
the offence punishable under section 324 r/w 34 of the Indian Penal
Code. Hence, in answer to Point No.2, I pass the following order:-
O R D E R
1. Accused no.1 to 5 are hereby acquitted of the offence
punishable under Sections 324 r/w 34 of Indian Penal Code,
vide Section 248(1) of The Code of Criminal Procedure, 1973.
2. The earlier bail bonds of accused persons stand cancelled.
3. The seized muddemal property i.e. one iron rod and one
stone be destroyed after appeal period is over.
4. The accused 1 to 5 to furnish P.R. of Rs.15,000/- each in
compliance to section 437(A) of of The Code of Criminal
Procedure, 1973.
5 The Judgment is dictated on dais and pronounced in open
Court.
Date :- 17.06.2026
(U. L. PATHAK)
Addl. Chief Judicial Magistrate
22nd Court, Andheri, Mumba.
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