Final Order 1

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO.3134/PW/2018
MHMM190123482018
Received on :- 26.11.2018
Registered on :- 26.11.2018
Decided on :- 08.04.2024
Duration :- 05Ys. 04M. 13Ds.
Exh. :- 12
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(JUDGMENT U/SEC. 355 OF CRIMINAL PROCEDURE CODE)
(a) The serial number of the
case;
: C.C. No. 3134/PW/2018
(b) The date of commission of
the offence;
: 12.01.2018
(c) The name of informant
(if any);
: The State (M.I.D.C. Police Station
in C. R. No. 16/2018).
(d) The names of the accused
persons, their parentage
and residence;
: 1)
2)
Jagannath Amrutappa
Kalaburgi
Age : 44 years
Occupation : Nil
R/at : Room No.431,
Unit No.22, Aarey Colony,
Goregaon(E),
Mumbai.
Pandurang Sampat
Nangade
Age : 31 years
Occupation : Nil
R/at : Room No.354,
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JUDGMENT 2 C.C.NO.3134/PW/2018
3)
4)
B Chawl, Hut Saman
Society, Sanjay Gandhi
Nagar, Nehru Road, Vile
Parle, Mumbai.
Santosh Shrimant Rampure
Age : 28 years
Occupation : Nil
R/at : Room No.8,
Shree Sai Ganesh Society,
Road No.8, M.I.D.C.,
Andheri(E), Mumbai.
Rafik Mohammad Shaikh
Age : 37 years
Occupation : Nil
R/at : Room No.8,
Sai Ganesh Society,
Road No.8, M.I.D.C.,
Andheri(E), Mumbai.
e) The offences complained
of or proved ;
: Under Sections 323, 324, 325 r/w
34 of the Indian Penal Code
(f) The plea of the accused
and 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; : 08.04.2024
APPEARANCE : -
Ld. A.P.P. Mr. S. M. Bagale for State.
Ld. Advocate Mr. Ahmed Shah for the accused
J U D G M E N T
(Delivered on 08.04.2024)
1. The above named accused persons stand charged for
having committed an offence punishable under Sections 323, 324, 325
r/w 34 of the Indian Penal Code, 1860 (for the sake of brevity
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JUDGMENT 3 C.C.NO.3134/PW/2018
hereinafter referred to as 'I.P.C.').
2. Facts germane to the prosecution case is abridged thus :-
That at the time of alleged incident informant was doing
labour work at NELCO bus stop, M.I.D.C. That on the day of incident
i.e. on 12.01.2018 when the informant was doing labour work at the
site, the accused persons came over there, stopped their work and
started abusing him. At that time quarrel took place between the
informant and accused persons on account of carrying labour work. On
that count the accused persons physically assaulted informant over his
nose, due to which he sustained fracture injury. The accused persons
also assaulted to witnesses i.e. friends of informant namely Siddhu
Poojari and Mahesh Patil by hands and by means of bamboo, due to
which they sustained injury. The informant and witnesses went to
Trauma Care Hospital for treatment.
3. Consequently, the informant lodged report in respect of the
aforesaid incident with M.I.D.C. police station. On the basis of report
C.R. No.16/2018 was registered under sections 323, 324, & 325 r/w 34
of IPC against the accused. Investigation of the case was carried out by
P.S.I. Shri. Swapnil Bhujbal. After investigation he found sufficient
evidence against the accused, hence forwarded charge-sheet under
supra sections.
4. Charges were framed against accused on 27.02.2023. They
pleaded not guilty and claimed to be tried. In view of above rival facts
following points arose for my determination and I record my findings
thereon with reasons thereof :
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JUDGMENT 4 C.C.NO.3134/PW/2018
Sr. No.
Points
Findings
1] Does the prosecution prove that, on above
date, time and place accused in
furtherance of their common intention
voluntarily caused grievous hurt to the
informant and you thereby committed an
offence punishable u/sec. 325 r/w 34 of
I.P.C ? In the negative.
2] Does the prosecution prove that, on above
date, time and place accused in
furtherance of their common intention
voluntarily caused hurt to witnesses i.e.
friends of informant namely Siddhu
Poojari and Mahesh Patil by hands and
thereby committed an offence punishable
under section 323 r/w 34 of the IPC? In the negative.
3] Does the prosecution prove that, on above
date, time and place accused in
furtherance of their common intention
voluntarily caused hurt to above witnesses
by means of bamboo, which used a
weapon of offence is likely to cause
death, and thereby committed an offence
punishable under Section 324 r/w 34 of
the IPC?
In the negative.
4] What order ? As per final order.
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JUDGMENT 5 C.C.NO.3134/PW/2018
R E A S O N S
5. Prosecution in the instant case has examined two
witnesses, whereas the defence did not examine any witness in support
of his defence. Prosecution examined informant-cum-injured Ganesh
Vasant Shetty as PW No.1 vide Exh-09 and other injured Siddhu
M.Poojari as PW No.2 vide Exh-11. As there was no incriminating
evidence against accused, the statement of the accused u/s. 313 of
Cr.P.C. was dispensed with. Heard both sides.
AS TO POINT Nos. 1 to 3 :-
6. Both the witnesses examined by the prosecution are the
key witnesses as they are injured, however, both of them completely
turned hostile. Despite searching cross-examination prosecution failed
to bring anything on record, which could disclose the complicity of
accused in the commission of alleged crime. Being there nothing
incriminating against accused, prosecution failed to prove the charge.
Accordingly, I answer point Nos.1 to 3 in the negative.
AS TO POINT NO. 4 :-
7. Since the point Nos. 1 to 3 are determined in the
negative, I am of the opinion that, the prosecution has failed to
prove its case beyond reasonable doubt and the accused persons are
liable to be acquitted. Hence, the following order:-
O R D E R
1. Accused No. 1) Jagnnath Amrutappa Kalaburgi, age :
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JUDGMENT 6 C.C.NO.3134/PW/2018
44 years; 2) Pandurang Sampat Nangade, age: 31 years;
3) Santosh Shrimant Rampure age :28 years; 4) Rafiq
Mohd. Shaikh age : 37 years; are hereby acquitted vide
Section 248(1) of Cr.P.C. for the offence punishable under
Sections 323, 324, 325 r/w 34 of I.P.C.
2. The earlier P.R. bonds of accused stand cancelled.
3. The accused to furnish P.R. of Rs.5,000/- each in compliance to
section 437(A) of Cr.P.C.
(Judgment dictated on dais and pronounced in open court).
Date.:- 08.04.2024
Sd/-
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate
22nd Court, Andheri, Mumbai
csj
Typed on : 12.04.2024
Signed on : 22.04.2024
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