Delhi District Court
State vs . Ram Dhari Etc., on 28 June, 2012
1 FIR No:615/2000
State Vs. Ram Dhari etc.,
IN THE COURT OF Dr. JAGMINDER SINGH: METROPOLITAN
MAGISTRATE, DWARKA COURTS, NEW DELHI
FIR NO: 615/2000
PS: Dabri
U/s: 323/341/34 IPC
State V. Ram Dhari etc.,
Date of institution of the case : 02/05/2001
Date on which Judgment was reserved : 28.06.2012
JUDGMENT
a) S. No. of the case : 262/2
b) Date of commission of offence : 10.07.2000
c) Name of the Complainant : Smt. Kela Devi
W/o Sh. Ran Singh
R/o E71, Mangla Puri
Village, New Delhi
d) Name of accused and address : 1) Ram Dhari
(Since Dead)
2 FIR No:615/2000
State Vs. Ram Dhari etc.,
Indrawati
W/o Late Sh. Ramdhari
R/o E61, Mangla Puri,
Village, New Delhi.
e) Offence complained of : u/s 341/323/34 IPC
f) Plea of accused : Pleaded guilty
g) Final order : Convicted
h) Date of such order : 28.06.2012
BRIEF STATEMENT OF THE REASONS FOR THE DECISION :
1. The present case was registered on the complaint of complainant Smt. Kela Devi in which she alleged that on 10.07.2000 at about 12.40 am at H.No. E71, Mangla Puri, Delhi both accused persons, Indrawati and Ramdhari (since deceased) in furtherance of their common intention wrongfully restrained the complainant and gave her beatings. At her complaint the present case was registered and after completion of investigation, charge sheet was filed against both accused persons for the 3 FIR No:615/2000 State Vs. Ram Dhari etc., offence U/s 341/323/34 IPC.
2. Cognizance taken for the offence and charge for offence u/s 341/323/34 IPC was framed against both the accused persons to which they pleaded not guilty and claimed trial.
3. Prosecution has filed list of Nine witnesses and examined Six witnesses. During trial accused Ramdhari expired and proceedings against him abated. Statement of accused Indrawati was recorded in which she denied allegations against her and not opted for DE. Thereafter the matter fixed for final arguments.
4. However, today vide separate statement accused Indra Wati pleaded guilty for the offence alleged against her. Court satisfied that accused pleaded guilty voluntarily and without any undue influence etc. 4 FIR No:615/2000 State Vs. Ram Dhari etc., I have perused the charge sheet and documents attached with it. I have also gone through the statement of witnesses. Keeping in view the documentary and oral evidence placed on record and plea of the accused, the accused Indra Wati is convicted for the offence u/s 341/323/34 IPC.
Let the convict Indra Wati be heard on the point of sentence. Announced in the open court on this 28th day of June' 2012 (Dr. JAGMINDER SINGH) This judgment contains 4 pages METROPOLITAN MAGISTRATE which bears my signatures at DWARKA COURTS/DELHI each page.
5 FIR No:615/2000
State Vs. Ram Dhari etc., IN THE COURT OF Dr. JAGMINDER SINGH: METROPOLITAN MAGISTRATE, DWARKA COURTS, NEW DELHI FIR NO: 615/2000 PS: Dabri U/s: 323/341 IPC State V. Ram Dhari etc., 28.06.2012 ORDER ON SENTENCE Present: Ld. APP for the State.
Convict Indra Wati on bail with Ld. Counsel. I have heard the convict and Ld. APP for the State. Ld. APP for the State submitted that convict is liable to get maximum punishment. On the other hand Ld. Counsel for convict stated that she is a widow lady aged about 60 years and suffering from paralysis in half of her body and undergoing treatment. She is not having any criminal background and remained punctual in the proceedings of this case. She is facing the trial since last about 12 years. Therefore, a lenient view may be taken against her.
In view of the argument of both the parties and in view of the facts and circumstances of the case and also in view of physical condition of convict, the court comes as the conclusion that convict deserves a lenient 6 FIR No:615/2000 State Vs. Ram Dhari etc., view. She had also voluntarily admitted and apologized her guilt. Therefore, in view of reformative theories of punishment, a lenient view is taken against convict. Convict is sentenced in this case for simple imprisonment till rising of the court along with total Fine of Rs.1,000/ for the offence u/s 323/341/34 IPC in case FIR No.615/2000 PS: Dabri. ID of payment of fine convict shall undergo SI for 10 days. Fine paid. As, the period of this sentence is already undergone by the convict during his custody, now convict is not required to get any further imprisonment. Hence, the convict be released hereby in this case, if not required in any other case.
Copy of order be supplied to the convict.
(Dr. JAGMINDER SINGH) METROPOLITAN MAGISTRATE DWARKA COURTS/DELHI 7 FIR No:615/2000 State Vs. Ram Dhari etc., FIR NO: 615/2000 PS: Dabri U/s: 323/341 IPC State V. Ram Dhari etc., STATEMENT OF ACCUSED Indra wati W/o Late Sh. Ramdhari R/o E61, Mangla Puri, Village, Delhi. On S.A. I pleaded guilty in the present case and admit my guilt. I pleaded guilty without any fear, force and coercion and without pressure from any side and a lenient view may kindly be taken by this Hon'ble Court. RO & AC ( Dr. JAGMINDER SINGH) M.M. Dwarka Courts 28.06.2012 8 FIR No:615/2000 State Vs. Ram Dhari etc., FIR NO: 615/2000 PS: Dabri U/s: 323/341 IPC State V. Ram Dhari etc., 28.06.2012 Present: Ld. APP for the State.
Proceedings against accused Ram Dhari already stands abated.
Accused Indra Wati is present with Ld. Counsel. Accused Indra Wati submits that she want to plead guilty. Vide separate statement, accused Indra Wati admitted her guilt voluntarily. In view of facts and circumstances and plea of accused, she is convicted and sentenced vide separate Judgment and order on sentence of even date.
File be consigned to record room.
(Dr. JAGMINDER SINGH) METROPOLITAN MAGISTRATE DWARKA COURTS/DELHI