Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.2202428/PW/2018
Filed on : 04092018
Registered on : 04092018
Decided on : 17102019
Duration : 01Y, 01M,13D
Exh. : 08
IN THE COURT OF THE ADDIL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(Presided Over by S. N. SALVE)
Judgment Under Section 355 of the Code of
Criminal Procedure
(a) The serial & CNR No. of
the case;
: C. C. No. 2202428/PW/2018
CNRNo.MHMM190096672018
(b) The date of commission of
the offence;
: 30032018
(c) The name of the
complainant
(if any);
: The State of Maharashtra
(At the instance of M.I.D.C. Police
Station in Crime No. 148/2018)
(d) The name of the accused
person and his parentage
and residence;
: 1)
2)
3)
Ratnadeep Vaijnath Dhare
Age : 25 years
Occupation : Service
R/at : Building No. A13,
Room No.45, Bindra Complex,
Mahakali Road,
Andheri (East), Mumbai.
Santosh Nanarao Natekar
Age : 32 years
Occupation : Service
Sompal Nanarao Natekar
Age : 36 years
...2/
-- 1 of 6 --
2 C.C.NO.2202428/PW/2018
4)
Occupation : Service
Ramji Nanarao Natekar
Age : 32 years
Occupation : Service
Accused Nos. 2 to 4 are r/at :
Nanak Niwas, Building No.
A13, Room No.44, Bindra
Complex, Mahakali Road,
Andheri (East), Mumbai.
(e) The offences complained
of or proved;
: Under Sections 324 & 504 r/w
Section 34 of the Indian Penal
Code
(f) The plea of the accused
and
his 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; : 17102019.
Appearance: APP Mrs. N. R. Pasarkar for the State.
Advocate Shri. Shukla for accused.
J U D G M E N T
(Delivered on 17102019 )
The accused persons stand prosecuted for the offences
punishable under Sections 324 and 504 r/w Section 34 of the Indian
Penal Code (For short, the I.P.C.).
2. The prosecution case, in a nutshell, is that on 31 032018
the informant Dilip Gaikwad lodged report with M.I.D.C. Police Station
alleging therein that on 30032018 at around 9.30 p.m. committee
...3/
-- 2 of 6 --
3 C.C.NO.2202428/PW/2018
members and other persons had gathered at Limboni Buddh Vihar Hall.
At that time altercation took place. On account of that the accused
started hurling abuses at the informant and his son Aashish. After that
the accused persons assaulted the son of informant Aashish by means of
iron rod. After this incident they were rushed to hospital.
3. On the basis of aforesaid F.I.R., Crime No. 148/2018 under
Sections 324 & 504 r/w Section 34 of the I.P.C. was registered against
the accused. The investigation of the crime was carried out by P.S.I.
Sagar Patil. During the investigation he seized iron rod under
panchnama and after completion of due investigation he submitted
chargesheet against the accused persons for the offences punishable
under Sections 324 & 504 r/w Section 34 of the I.P.C.
4. I framed charge (Exh2) against the accused persons for the
offence punishable under Sections 324 & 504 r/w Section 34 of the
I.P.C.. It was read over and explained to them to which they pleaded
their innocence and claimed to be tried. The statements of accused
persons under Section 313 of the Code of Criminal Procedure are not
recorded as there is no incriminating evidence against them.
5. The points for determination along with my findings with
reasons thereon are as follows :
Sr.
No
Points Findings
1 Whether the prosecution proves that
accused persons in furtherance of their
common intention voluntarily caused hurt to
informant and his son by hands and by
: No.
...4/
-- 3 of 6 --
4 C.C.NO.2202428/PW/2018
means of iron rod ?
2 Whether the prosecution proves that
accused persons in furtherance of their
common intention intentionally insulted
informant and his son?
: No.
3 What order ? : Accused is
acquitted.
R E A S O N S
6. In order to bring home the guilt of the accused, the
prosecution has examined only two witnesses viz. informant Dilip
Taloba Gaikwad (PW1) at Exh.4 and injured Aashish Dilip Gaikwad
(PW2) at Exh7.
: Point Nos. 1 & 2 :
7. All the points are dealt with simultaneously so as to avoid
repetition of discussion of evidence which is common for them.
8. Dilip Gaikwad (PW1) is the victim of the crime.
Unfortunately, he has not supported to the case of the prosecution. He
deposed that, on 30032018 exchange of words took place at Limboni
Buddh Vihar, therefore he lodged report. He also deposed that accused
persons have not assaulted them by hands and iron bar. In the
crossexamination, he admitted that matter has been amicably settled
out of the Court and he does not want to proceed with the case.
9. Aashish Gaikwad (PW2) is also injured. But, unfortunately
he has also not supported to the case of the prosecution. He deposed
that, on 30032018 exchange of words took place in the meeting. In
...5/
-- 4 of 6 --
5 C.C.NO.2202428/PW/2018
the crossexamination, he admitted that matter has been amicably
settled out of the Court and he does not want to proceed with the case.
10. As the informant Dilip Gaikwad (PW1) and the injured
Aashish Gaikwadi (PW2) have not supported the case of the
prosecution, rest of the witnesses have not been examined. Under these
circumstances, examining remaining witnesses would have been futile
exercise. Therefore, the evidence of prosecution came to be closed,
without examining remaining witnesses.
11. There is no iota of evidence against the accused
voluntarily caused hurt by hands and by means of iron rod to the son of
informant and intentionally insulted them. I, therefore, hold that
prosecution has not been able to establish the guilt of the accused.
Consequently, I answer point Nos.1 to 3 in the negative.
: Point No. 3 :
12. In view of my negative findings as to point Nos. 1 & 2
accused are entitled for acquittal.
13. In the result, following order is passed.
O R D E R
(i) Accused are acquitted of the offence punishable under 324 &
504 r/w Section 34 of the Indian Penal Code under Section
248 (i) of Cr.P.C.
(ii) Bail bonds of the accused stands cancelled.
(iii) They shall furnish P.R. and S.B. of Rs.15,000/ (Rs. Fifteen
...6/
-- 5 of 6 --
6 C.C.NO.2202428/PW/2018
Thousand Only) each as per Section 437 (A) of the Code of
Criminal Procedure for the period of six months.
(iv) The seized muddemal property i.e. iron rod be sold in auction
and the sale proceed be credited to the Government, after
appeal period is over.
Date : 17102019
Sd/
(S. N. Salve)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
*csj
Dictated on : 17102019
Typed on : 17102019
signed on : 17102019
.../
-- 6 of 6 --