Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 3408/PW/2018
(Judgment)
MHMM190149542018
Received on : 20/12/2018,
Registered on : 20/12/2018,
Decided on : 21/10/2021,
Duration : 02 Y. 10 M. 01 D.
Exh. : 05
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY IMRAN R. MARCHIYA)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 3408/PW/2018
(b) The date of commission of
the offence;
: 21/10/2018
(c) The name of the complainant
(if any);
: The State (Meghwadi Police Station
in C. R. No. 320/2018).
(d) The name of the accused
persons and their parentage
and residence;
: 1. Ajit Ashok Okate,
Age : 29 Years, Occ. : Service,
R/o. Shivkrupa Chawl, Room No. 3,
J. V. L. R. Road, Jogeshwari (East),
Mumbai.
2. Mayur Anant Angre,
Age : 32 Years, Occ. : Service,
R/o. Sairam Apartment, A421, Near
Ganpati Temple, Virar (East), Dist.
Palghar.
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(Judgment)
3. Yashwant Suresh Shivdas
Age : 29 Years, Occ. : Service,
R/o. Building No. 12A, Room No. 3,
Bimbisar Nagar, Ground Floor, Near
SRPF Camp, Goregaon (East),
Mumbai.
(e) The offence complained of
or proved ;
: Under Sections 326 and 504 read
with Section 34 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 are acquitted.
(h) The date of such order; : 21/10/2021,
Mr. Shah, APP for the State.
Mr. Kerkar, Advocate for the accused.
J U D G M E N T
(Delivered on 21/10/2021)
1. The accused are prosecuted for the offences punishable under
Sections 326 and 504 read with Section 34 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that the informant
Ramsingar Gupta is a rickshaw driver. On 21/10/2018 at about 11.30 p.m. at
near Pratap Nagar Signal, J.V.L.R. Road, Jogeshwari (E), Mumbai, accused
persons were drinking liquor by sitting on their motorcycle on the place which
was the regular parking place for rickshaw of the informant's friend Pandit. At
the time of the incident when the informant asked the accused to park their
motorcycle at any other place, the accused started to hurl abuses against the
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(Judgment)
informant. One of the accused gave blow of iron rod on the head of the
informant. Thereafter, one of the accused caught hold of the informant and
one other accused beat the informant by means of iron rod. Due which the
informant sustained injury to his head, face and hand. When the informant
raised shouts for help, the accused started to run away. The informant caught
one of the accused. Other two accused ran away. Meanwhile police came there.
The police apprehended one of the accused. The police also took the informant
for medical treatment to hospital. In hospital police recorded report of the
informant.
3. On the basis of the report given by the informant, crime no.
320/2018 came to be registered against the accused persons. During
investigation I.O. drawn spot panchanama on the spot of the incident and he
seized one steel pipe therefrom. I.O. arrested the accused persons. During
further investigation I.O. collected injury report of the informant and recorded
statement of witnesses. After completion of investigation, I.O. filed charge
sheet.
4. I framed charge (Exh.2) against the accused for the above
mentioned offences. The accused pleaded not guilty and claimed to be tried.
The prosecution has examined only the informant. As no incriminating
evidence came on record in the evidence of the prosecution, the statement of
the accused under Section 313 of the Code of Criminal Procedure came to be
dispensed with.
5. The points for determination alongwith my findings thereon as
under :
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(Judgment)
POINTS FINDINGS
1] Does the prosecution prove that the accused
voluntarily caused grievous hurt to the
informant by means of dangerous weapon ?
No.
2] Does the prosecution prove that the accused
intentionally insulted the informant ?
No.
3] What order ? The accused are
acquitted.
REASONS
AS TO POINT NOS. 1 AND 2 :
6. These points are interconnected with each other, therefore, they
are taken up together for consideration and determination.
7. The informant Ramsinger Gupta (P.W.1) deposes at Exh. P04
that the incident took place prior to about three years during night time near
Pratap Nagar Signal, Jogeshwari (East), Mumbai. He is a rickshaw driver. At
the time of parking the rickshaw, he fell down and sustained injury to his head.
F.I.R. dt. 22/10/2018 with statement bears his signature, but he is not aware
about its contents. The informant has not supported the case of the
prosecution. During crossexamination by learned A.P.P., the informant denied
that at the time of the incident on 21/10/2018 at about 11.30 p.m. when he
asked the accused persons to move their motorcycle for parking the auto
rickshaw of his friend at that place, all the accused started to beat him and
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(Judgment)
hurl abuses against him. He also denied that accused no. 1 beat him by means
of iron rod and caused injury to his head, forehead and both hands. In the
crossexamination by the defence side, the informant stated that the dispute is
compromised between him and the accused persons and now he does not want
to proceed with the case and he want to close the matter.
8. I have gone through the record. The informant Ramsinger Gupta
(P.W.1) has not supported the case of prosecution. The informant and the
accused have filed compromise pursis (Exh.3) on record. From the record it is
clear that due to compromise with the accused persons, the informant has not
stated anything against the accused. No any incriminating evidence came on
record in the evidence of the prosecution. The prosecution failed to prove the
charges levelled against the accused. Hence, I answer point nos.1 and 2 in the
negative.
AS TO POINT NO. 3 :
9. The prosecution failed to prove guilt of the accused. Therefore,
the accused are liable to be acquitted. Seized steel pipe being worthless, will
have to be ordered to be destroyed after appeal period. In the result, in answer
to point no. 3, I pass the following order:
ORDER
1] The accused are acquitted of the offences punishable under Sections
326 and 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 they be set at liberty.
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(Judgment)
3] After appeal period, seized steel pipe be destroyed.
4] The accused to execute P. R. Bond of Rs. 15,000/ each with one
solvent surety vide Section 437 – A of the Code of Criminal Procedure
for appearance before the higher court, if said court issues notices to
them for their appearance in the matter in which present judgment is
challenged, if any.
Sd/
Place : Mumbai.
Date : 21/10/2021.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
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