Final Order 1

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO. 3135/PW/2018
MHMM190123522018
Received on :- 26.11.2018
Registered on :- 26.11.2018
Decided on :- 08.04.2024
Duration :- 05Ys. 04M. 15Ds.
Exh. :- 10
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;
: 3135/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. 17/2018).
(d) The names of the accused
persons, their parentage
and residence;
: 1)
2)
Siddhu Mailari Poojari
Age : 33 years
Occupation : Nil
R/at : Room No.202,
Sai Ganesh Society,
Ambedkarnagar, M.I.D.C.,
Andheri(E), Mumbai.
Mahesh Murgappa
Malipatil
Age : 32 years
Occupation : Nil
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JUDGMENT 2 C.C.NO. 3135/PW/2018
3)
R/at : Jai Hanuman Seva
Sangh, Subhash Nagar,
M.I.D.C., Andheri(E),
Mumbai.
Amoghsingh Madanappa
Ukli,
Age : 34 years
Occupation : Nil
R/at :Room No.202,
Sai Ganesh Society,
Ambedkarnagar, M.I.D.C.,
Andheri(E), Mumbai.
e) The offences complained
of or proved ;
: Under Sections 323, 324, 504 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. Harish Shetty for the accused
J U D G M E N T
(Delivered on 08.04.2024)
1. The above named accused person stands charged for
having committed an offence punishable under Sections 323, 324, 504
r/w 34 of the Indian Penal Code, 1860 (for the sake of brevity
hereinafter referred to as 'I.P.C.').
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JUDGMENT 3 C.C.NO. 3135/PW/2018
2. Facts germane to the prosecution case is abridged thus :-
That on the day of incident i.e. on 12.01.2018 informant
had been to site for doing labour work along with others, at that time
they saw accused persons were already present there and doing labour
work. When the informant told them that it is their work and
attempted to stop accused persons from doing the said labour work,
dispute arose between the informant and accused persons on the
account of performing work. The accused persons abused informant &
witnesses and physically assaulted them by stone & 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. 17/2018 was registered under sections 323, 324, 504 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 :-
Sr. No.
Points
Findings
1] Does the prosecution prove that, on above
date, time and place accused in
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JUDGMENT 4 C.C.NO. 3135/PW/2018
furtherance of their common intention
intentionally insulted informant namely
Jagannath Amrutappa Kalguragi by
abusing and thereby gave provocation to
him intending or knowing it to be likely
that such provocation will cause him to
break the public peace, or to commit any
offence, and thereby committed an
offence punishable u/sec. 504 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 informant 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 witness i.e.
friend of informant namely Santosh
Rampure by hands and by means of stone
and bamboo, which used as weapons of
offence are likely to cause death, and
thereby committed an offence punishable
under Section 324 r/w 34 of the IPC.
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JUDGMENT 5 C.C.NO. 3135/PW/2018
and thereby committed an offence
punishable under section of the IPC? In the negative.
4] What order ? As per final order.
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 Jagannath
Kalburgi as PW No.1 vide Exh-07 and other injured Santosh Rampure
as PW No.2 vide Exh-9. Heard both sides. 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. 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
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JUDGMENT 6 C.C.NO. 3135/PW/2018
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) Siddhu Mailari Poojari age : 33 years;
2) Mahesh Murgappa Malipatil age : 32 years;
3) Amoghsingh Madanappa Ukli, age : 34 years are hereby
acquitted vide Section 248(1) of Cr.P.C. for the offence
punishable under Sections 323, 324, 504 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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