Final Order 1

Order Details: Copy  of Judgment
Pdf Text: – 1 – C.C.NO.3317/PW/2018
Received on : 13/12/2018,
Registered on : 13/12/2018,
Decided on : 06/02/2021,
Duration : 02 Y. 01 M.23 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44th COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY A. I. SHAIKH)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(CNR NO.:MHMM190133852018 )
(a) The serial No. of the case; : C.C.NO.3317/PW/2018
(b) The date of commission of
the offence;
: 16/09/2018
(c) The name of the
complainant
(if any);
: The State (Varsova Police Station
in C. R. No. 328/2018).
(d) The name of the accused
persons and their
parentage and residence;
: Kiran Kirit Soniki
Age 25 Years.
Occupation Fishing
R/o.G 04, Ghunte House,
Tere Galli, Versova, Andheri (W),
Mumbai.
(e) The offences complained of
or proved ;
: Under Sections 324,323, 504,427
of the Indian Penal Code.
(f) The plea of the accused
and their examination (if
any);
: The accused pleaded not guilty
(g) The final order; : The accused is acquitted .
(h) The date of such order: 06/02/2021
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Mr. Sanjay Gosavi, APP for the State.
Mr. D.D.Kerkar for the accused.
J U D G M E N T
(Delivered on 06/02/2021)
1. The accused is prosecuted for the offence punishable under
Section 324, 323, 504, 427 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that on
16/09/2018 at about 18.00 hrs. in a sea at Devachi Wadi, Versova
village, Andheri(W), Mumbai accused abused informant Jayesh Baria
on account of fishing in the sea. Accused also pushed and pulled the
informant due to which his gold chain fallen in the sea. Accused also
caused hurt to the informant by hitting him on his head by means of
skiff ( Valha). Thereafter, he lodged report to Police Station against the
accused.
3. On the basis of the report given by the informant, Crime
No. 328/2018 came to be registered against the accused. During
investigation I.O. drawn spot panchanama in presence of panch
witnesses. He arrested the accused. During further investigation I.O.
recorded statement of witnesses. After completion of investigation, I.O.
filed chargesheet.
4. The charge is framed against the accused for the above
mentioned offence . The accused pleaded not guilty and claimed to be
tried. The prosecution has examined only three witnesses. As no
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incriminating evidence came on record against the accused the
statement of the accused under Section 313 of the Code of Criminal
Procedure is dispensed with.
5. The points for determination alongwith my findings
thereon as under :
Sr.
No. POINTS FINDINGS
1] Does the prosecution prove that the
accused on 16.09.2018 at about 18.00
hrs. at Varsova village, Andheri(W),
Mumbai voluntarily caused hurt to
informant Jayesh Baria ?
In the negative
2] Does the prosecution prove that the
accused voluntarily caused hurt to the
informant on his head by means of skiff
(Valha) which is an instrument which
used as an instrument of offence likely
to cause death?
In the negative
3]
Does the prosecution prove that the
accused committed mischief by causing
wrongful damage of gold chain of the
informant?
In the negative
4]
Does the prosecution prove that the
accused 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?
In the negative
5] What order ? The accused is acquitted.
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R E A S O N S
AS TO POINT NO. 1 TO 4 :
6. These points are interconnected with each other, therefore,
they are taken up together for consideration and determination.
7. Mr. Jayesh Satish Baria, informant (P.W.1) deposes at
Exh.04 that he do not know about the incident. He never lodged
report. No incident of assault taken place between him and accused.
He do not know accused. Piyush Babu Baria, P.W.No.2 deposed at
Exh.05 and Deepak Suresh Patel, P.W.No.3 deposed at Exh.06. They
also deposed that they do not know anything about the incident and
police have not recorded their statements. These two prosecution
witnesses have not supporting to the prosecution case. Hence, their
crossexamination is declined by the accused.
8. I have carefully gone through the record. The case is more
than 02 years old. The prosecution has examined only three witnesses
i.e. Jayesh Satish Baria, informant (P.W.1), Piyush Babu Baria,
P.W.No.2 and Deepak Suresh Patel, (P.W.No.3). However, informant
P.W.No.1 Jayesh Satish Baria admitted in his crossexamination that
there is compromise between himself and the accused and he does not
want to proceed with the case. The other two prosecution witnesses
also not supporting to the prosecution case. The prosecution failed to
produce any direct evidence against the accused. Though incident
happened in the open place, prosecution failed to examine material
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witnesses/eye witness, Medical Officer and Investigation Officer to the
incident. The prosecution failed to adduce any further evidence to
prove its case. Hence, I hold that the prosecution failed to prove guilt
of the accused. Hence, I answer point Nos.1 to 4 in the negative.
AS TO POINT NO.5:
9. The prosecution failed to prove guilt of the accused beyond
reasonable doubt. Therefore, the accused is liable to be acquitted. In
the result, in answer to Point No.5, I pass the following order.
ORDER
1. The accused Kiran Kirit Soniki is acquitted of the offence
punishable under Section 324, 323, 427, 504 of the Indian
Penal Code vide Section 248 (1) of the Code of Criminal
Procedure.
2. Bail bonds of the accused stands cancelled and he be set at
liberty.
3. The accused to execute P.R. Bond of Rs.15,000/( Rupees
Fifteen Thousand only) vide Section 437–A of the Code of
Criminal Procedure for appearance before the higher court, if
said court issues notice to him for his appearance in the matter
in which present judgment is challenged, if any.
4. Muddemal property i.e. skiff (Valha) being worthless be destroyed
after the appeal period is over.
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The Judgment is transcribed directly on the computer and
pronounced in open Court.
( A. I. Shaikh )
Mumbai Metropolitan Magistrate,
Date:06/02/2021 44 th Court, Andheri, Mumbai.
vnh
Typed on : 06/02/2021
Signed on :06 /02/2021
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