Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.No.2653/PW/2018
Exh.07
MHMM190098872018
Form No.XXXII
Part 'A'
(Para 44 (I) of Chapter VI of Criminal Manual)
J U D G M E N T
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY SUJITKUMAR C. TAYDE)
(Date of Judgment: 2nd January, 2024)
Case No.2653/PW/2018
CNR No.MHMM190098872018
FIR/Crime No.166/2018
Police Station: Amboli, Mumbai.
COMPLAINANT The State of Maharashtra
through the Station Incharge of
Amboli Police Station, Mumbai.
REPRESENTED BY Learned A.P.P. Smt. Seema Mokal
ACCUSED Ganesh Dhaneshwar Katkar
Age – 29 Yrs., Occ Rickshaw Driver,
R/o. Room No.21, Jamuna Gujar
Chawl, Mhatarpada, Amboli,
Andheri (W), Mumbai.
REPRESENTED BY Learned Advocate Shri Sandip Divakar
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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Part 'B'
(Para 44(ii) off Chapter VI of Criminal Manual)
Date of offence 25/03/2018
Date of FIR 25/03/2018
Date of chargesheet 26/09/2018
Date of framing of charges 19/08/2023
Date of commencement of
evidence
21/12/2023
Date of which judgment is
reserved
02/01/2024
Date of the judgment 02/01/2024
Accused Details
Rank of
the
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 of
Cr.P.C.
1 Ganesh
Dhanesh
war
Katkar
25/03/2
018
26/09/20
18
324, 323,
504 and
427 of the
Indian
Penal
Code
Acquitted No No
Part 'C'
LIST OF PROSECUTION/DEFENCE/COURT WITNESSES
A. Prosecution:
RANK NAME NATURE OF EVIDENCE (EYE
WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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WITNESS, PANCH WITNESS,
OTHER WITNESS)
PW 1 Rajesh Jamana Gujar Informant (Exh.No.05)
B. Defence witnesses, if any.
RANK NAME NATURE OF EVIDENCE (EYE
WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS,
OTHER WITNESS)
Nil Nil Nil
C. Court witnesses, if any.
RANK NAME NATURE OF EVIDENCE (EYE
WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS,
OTHER WITNESS)
Nil Nil Nil
LIST OF PROSECUTION EXHIBITS
Sr.
No.
Nature of Exhibit Exhibit No.
Nil FIR 06
JUDGMENT
(Delivered on 02/01/2024)
The accused stands prosecuted for having committed the
offence punishable under Section 324, 323, 504 and 427 of the Indian
Penal Code.
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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The case of the prosecution in nutshell is as under :
2. The informant Rajesh Jamana Gujar used to park his car on
the road in front of his house. Someone used to damage the car by
scratching it. On 25/03/2018, at about 2.30 hrs., the accused was
found to damage the car. Hence, the informant asked the accused as to
why he used to damage his car. Thereafter, the accused ran away. Then
the informant chased the accused. The accused was standing near
Oshiya Corner Building, Amboli, Andheri, the accused abused the
informant and he pelted a stone towards the head of the informant.
Thus the accused caused injury by means of the stone to the informant.
Hence, the informant was admitted in the hospital. Then the informant
lodged the FIR against the accused.
3. On the basis of the report lodged by the informant the
offence punishable under section 324, 323, 504 and 427 of the Indian
Penal Code came to be registered against the accused vide Crime
No.166/2018 in Police Station Amboli.
4. The further investigation of the said crime was handed over
to Mr. V. R. Gaikwad, AssistantPoliceInspector who recorded the
statements of the witnesses. He seized the article and prepared the
panchanama. Having completed the investigation, the chargesheet
came to be filed under Section 173 of Cr. P.C. against the accused for
having committed the offence punishable under Section 324, 323, 504
and 427 of the Indian Penal Code.
5. Having secured the presence of the accused, all the
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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documents filed alongwith the chargesheet were supplied to the
accused under Section 207 of Cr. P.C.
6. The charge for the offence punishable under section 324,
323, 504 and 427 of the Indian Penal Code was read over to the
accused. He did not plead guilty. Hence, the trial was conducted.
7. In the backdrop of the prosecution case and the evidence
placed on record, the following points are formulated for my
determination. I record my findings thereon in the light of the evidence
led by the prosecution as under:
SR.NO. POINTS FINDINGS
1] Does the prosecution prove that on
25/03/218 at about 2.30 hrs. in front of
Oshiya Corner Building, Mhatarpada Road,
Amboli, Andheri (W), Mumbai, the accused
voluntarily caused hurt to the informant
Rajesh Jamana Gujar by means of stone,
which is used as a weapon in commission of
offence is likely to cause death and thereby
committed an offence punishable under
Section 324 of Indian Penal Code?
Disproved
2] Does the prosecution prove that on the
same date, place and time, the accused
voluntarily caused hurt to the informant
and thereby committed an offence
punishable under Section 323 of Indian
Penal Code?
Disproved
3] Does the prosecution prove that on the
same date, place and time, the accused
Disproved
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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intentionally insulted the 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 public peace and thereby committed
an offence punishable under Section 504
of Indian Penal Code?
4] Does the prosecution prove that on the
same date, place and time, the accused
committed mischief by causing wrongful
damage i.e. by causing damages of car of
informant of more than Rs.50/ and
thereby committed an offence punishable
under Section 427 of Indian Penal Code?
Disproved
5] What order ? The accused is
acquitted as per
the final order.
REASONS
AS TO POINTS NO. 1 TO 4:
8. These points are interconnected with each other.
Therefore, they are taken up together for consideration and
determination.
9. In order to bring home the guilt of the accused, the
prosecution has examined the informant Rajesh Jamana Gujar
(P.W.No.1). The case is pending since last about five years. In spite of
having ample opportunity, the prosecution did not examine another
witnesses. Hence, having regard to the pendency of the case and the
status of the accused, this case needs to be disposed of in the light of
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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evidence placed on record.
10. There is no incriminating evidence placed on record
against the accused. Hence, the statement of the accused under Section
313 of Cr. P.C. is dispensed with.
11. Having heard the learned advocates for both the sides, I
perused the record.
12. The informant, Rajesh Jamana Gujar (P.W.1) deposed that
prior to three years he had gone to see the quarrel with accused where
he sustained injury below his ear by means of a stone and therefore, he
lodged report against the accused. But he did not depose against the
accused.
13. Even during the course of crossexamination, the informant
did not support the prosecution. In his crossexamination he denied that
the accused caused injury to him by stone. In short, there is no iota of
evidence placed on record against the accused regarding the offence
punishable under section 324, 323, 504 and 427 of the Indian Penal
Code. Moreover, the informant stated on oath that the matter had been
compromised between him and the accused and he does not want to
proceed further with this matter.
14. In the present case the prosecution did not examine any
other witness except the informant. The medical officer who examined
the informant has not been examined in this matter. So also the spot
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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panchanama and arrest panchanama of the accused have not been
proved. In the absence of evidence of the investigating officer, the
contradiction and omission that occurred in the deposition of the
informant remains disproved and therefore, the benefit of doubt goes in
favour of the accused.
15. The sum and substance of the discussion noted about is
that there is no direct evidence adduced by the prosecution against the
accused. In short, the evidence placed on record is not sufficient to
prove the guilt of the accused. In other words the prosecution has
utterly failed to establish the material ingredients of Section 324, 323,
504 and 427 of the Indian Penal Code. Hence, it can be held that the
prosecution failed to prove the guilt of the offence beyond reasonable
doubt. It is settled that the benefit of doubt always goes in favour of the
accused. Therefore, the accused is liable to be acquitted from the
alleged offence for want of sufficient evidence. Hence, I record my
finding in negative for point No.1 to 4.
The logical corollary of my aforesaid findings leads me to
pass the following order:
ORDER
1 The accused Ganesh Dhaneshwar Katkar is acquitted of the
offence punishable under Section 324, 323, 504 and 427 of
the Indian Penal Code vide Section 248 (1) of the Code of
Criminal Procedure.
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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2 Bail bonds of the accused stands cancelled.
3 The seized muddemal property i.e. stone being worthless be
destroyed after the appeal period is over.
4 The accused is directed to execute P.R. Bond of Rs.5,000/
(Rupees Five Thousand Only) vide Section 437–A of the Code
of Criminal Procedure to appear before the higher Court as
and when such Court issues notice in respect of appeal are
petition filed against this judgment.
5 The Judgment is transcribed directly on the computer.
6 The Judgment is pronounced in open Court.
Sd/
(Sujitkumar C. Tayde)
Date : 02/01/2024 Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
spj
Typed On: 02/01/2024
Signed On: 02/01/2024
(Sujitkumar C. Tayde),
M.M.44th Court, Andheri, Mumbai.
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