Delhi District Court
State vs . Sri Chand Etc on 20 January, 2007
IN THE COURT OF SUNIL CHAUDHARY METROPOLITAN
MAGISTRATE: NEW DELHI
State Vs. Sri Chand Etc
F.I.R.NO. 122/95
P.S. J.P.Kallan
U/S 323/324/325/34 IPC
JUDGMENT
a). Sl. no. of the case : 50/2
b). Date of the commission
of the offence : 05.10.1995
c). Name of complainant : State
d). Name of accused : Sri Chand S/o Ganga
Sahai r/oVillage
Jhuljhuli N. Delhi.
(Since deceased )
2. Ratti Ram S/o
Sh.Ram Singh.
3. Nem Chand S/o Sri
Chand
4. Devinder S/o Nem
Chand
5. Neelam D/o Nem
Chand
6. Parmesh W/o Nem
Chand
7. Sunil S/o Nem
Chand
8. Sita Ram S/o Ram
Singh
9. Rakesh S/o Sita Ram
All R/o Village Jhuljhuli
N.Delhi
e). The offence alleged : U/s 323/324/325/34
IPC
f). The plea of accused : Pleaded not guilty.
g). Final Order : Convicted
h). Date of such order : 11.01.2007
i) Brief statement of reasons for such decisions:
1. The accused Sri Chand alongwith his eight co accused persons named above were sent up to this Court to face trial for the offence punishable under section 323/324/325/34 IPC on the allegations that on 5.10.1995 at about 6.00 a.m at the plot of one Sartaj, Village Jhuljhuli within the jurisdiction of PS Jaffar Pur they all in furtherance of their common intention voluntarily caused simple injuries with blunt object on the person of Satraj S/o On kar, and with sharp object on the person of Smt Shakuntala and grievous injuries with blunt object on the person of Rajeev.
2. After framing of the charge against the accused persons the prosecution was directed to lead evidence to substantiate the charges accordingly eight witnesses including all the three injured persons were examined by the prosecution who deposed in the line of the allegations on which the FIR was got registered and during the examination of the accused persons they moved an application admitting the case of the prosecution. Thus pleading guilty to the charge framed against all of them.
3. During the trial of the case, accused Sri Chand expired and proceedings against him were dropped. Considering the testimonies of the witnesses available on file and the admission of the accused persons they all are held guilty for the offence punishable under section 323/324/325/34 IPC.
Submissions heard on the quantum of sentence. Leniency is prayed by all the accused persons submitting that the quarrel took place incident-ly and was not pre planned and the accused persons are facing trial since 1995 and not involved in any other criminal matters.
Considering the plea and nature of the offences and antecedents of the accused persons I found no reason to deny the e extension of the benefits of the Probation of the Offenders Act to the accused persons and accordingly they are dealt with the provisions of Probation of Offenders Act and sentence is suspended and they are directed to furnish bonds to keep the peace and be of good character for a period of six months if in the said period they were found involved in the offence similar nature they will appear before the Court to receive the sentence.
File be consigned to record room.
Announced in open Court.
Delhi Dated the 11.01.2007 This Judgment contains 4 pages and each paper is signed by me.
( Sunil Chaudhary) Metropolitan Magistrate New Delhi.