Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO.2660/PW/2018
Filed on .. 03/10/2018
Registered on .. 03/10/2018
Delivered on .. 05/03/2020
Duration .. 01Y 05M 02D
CNR No. MHMM190097992018
Exh. 10
BEFORE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by C.P. Kashid)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: 2660/PW/2018
(b) The date of commission of
offence;
: On 14.05.2018 at about 12.15
a.m.
(c) The name of the
informant, if any;
: Through PSO Vileparle Police
Station (CR No.169/2018)
(d) The name of the accused
person, his parentage and
residence;
: Nikhil Ranjit Pihal
Age : 19 years
Occupation : Housekeeping
R/o. Walmiki chawl,
Mahatmaphule Nagar,
Vileparle East, Mumbai
(e) The offence complained of
or proved;
: U/Sec.324, 504, 506(ii) of the
Indian Penal Code & 37(1)r/w
135 of Bombay Police Act.
(f) The plea of the accused
and his examination, (if
any);
: Accused pleaded not guilty
(g) The final order; : As Per Final Order
h) The date of such order; : 05/03/2020
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2 C. C. NO.2660/PW/2018
Appearance : Ld. APP. Shri. G.G. Khade for the State
Ld. Adv. Shri. Dilip Patil for the accused
JUDGMENT
(Delivered on 05/03/2020)
1. Accused has been chargesheet ed for the offences
punishable U/Sec.324, 504, 506(ii) of the Indian Penal Code &
37(1)r/w 135 of Bombay Police Act (for short “IPC”).
The prosecution case in short is as follows :
On 14.05.2018 at about 12.15 a.m., at Walmiki chawl,
Mahatma Phule Nagar, Vileparle East, accused assaulted the
informant by one sharp instrument, abused him and also
threatened him to kill. Therefore, the informant went to Vileparle
police station and lodged complaint against accused. As per
complaint crime No.169/2018 registered against the accused.
Thereafter, Investigating Officer recorded statement of witnesses,
prepared spot panchanama and seized one iron sharp instrument,
collected injury certificate and after completion of investigation
submitted chargesheet against the accused.
2. Charge has been framed against the accused vide Exh.2
and it read over and explained to accused in vernacular, to which
he pleaded not guilty and claimed to be tried. His defence is of
total denial and false implication.
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3. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
S.NO. POINTS FINDINGS
1 Whether prosecution prove that on
14.05.2018 at about 12.15 a.m. at
Walmiki chawl, Mahatma phule Nagar,
Vileparle, Mumbai, accused voluntarily
caused hurt to the informant by means
of sharp instrument ? No
2 Whether prosecution prove that on
above said date, time and place, accused
intentionally insulted by abusing the
informant and thereby gave provocation
to him intending that such provocation
would cause him to break public peace ? No
3 Whether prosecution prove that on
above said date, time and place, accused
threatened the informant with intent to
cause alarm to him ? No
4 Whether prosecution prove that on
above said date, time and place, accused
violated the order of the Commissioner
of Police ? No
5 What order ? Accused is
Acquitted
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R E A S O N S
As to points No. 1 to 4 :
4. In order to establish guilt of the accused, prosecution has
examined only one witness i.e. informant Bhagat Piwal as PW1 at
Exh.6. But he turned hostile and not stated anything against the
accused. He denied the contents of complaint. He also stated that
compromise arrived between him and accused and he has no any
complaint against him. Thus, it shows that nothing came on the
record against the accused in the testimony of informant.
Therefore statement of accused U/Sec.313 of the Cr.P.C is
dispensed with.
5. Thus, the prosecution has failed to prove the case against
the accused beyond reasonable doubt. Therefore I answered point
No.1 to 4 in the negative. Therefore accused is entitled to be
acquitted from the charges levelled against him. Hence for
answering point No.5, I pass following order :
ORDER
1) Accused is acquitted of the offences punishable U/Sec.324,
504, 506(ii) of the Indian Penal Code & 37(1)r/w 135 of Bombay
Police Act vide Section 248(1) of the Cr.P.C.
2) His bail bonds (if any) are cancelled.
3) The accused is directed to furnish P.B. & S.B. of Rs.7,000/or
cash bail of the same for appearance before the Hon'ble Appellate
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Court towards the compliance of Section 437(A) of the Cr.P.C.
4) Seized muddemal i.e. Iron sharp instrument be disposed of
after appeal period is over.
5) Dictated & declared in the open Court.
Date : 05.03.2020 (C.P. Kashid)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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