Delhi District Court
State vs 1. Sunil @ Golu on 30 November, 2022
IN THE COURT OF ARUN SUKHIJA: ASJ-03
(EAST): KARKARDOOMA COURTS: DELHI.
SC No. 2015/2016
State Versus 1. Sunil @ Golu
S/o Sh. Ravinder
R/o House No. 13/360,
Trilokpuri, Delhi.
(Declared Proclaimed
Person vide order dated
26.09.2022)
2. Pawan
S/o Sh. Shishpal
R/o House No. 25/246,
Trilokpuri, Delhi.
FIR No. : 75/2016
Under Section : 186/353/333/307/34 IPC
& 25/54/59 Arms Act
Police Station : Kalyanpuri
(Accused Pawan, S/o Sh. Shishpal is convicted under Sec.
186/34 IPC; Sec. 353/34 IPC and Sec. 333/34 IPC and also Sec.
25 Arms Act.).
ORDER ON SENTENCE:
30.11.2022
1.Vide separate judgment of 31.10.2022, the accused Pawan S/o Sh. Shish Pal was held guilty for the offences punishable under Secs.186/34 IPC; Sec. 353/34 IPC and Sec. 333/34 IPC and also Sec. 25 Arms Act.
2. I have heard arguments advanced by State and ld. counsel for the convict. I have also heard convict in person.
3. On behalf of the convict, it is submitted that at present, he is aged about 29 years and having responsibility to look after his parents. It is also submitted that accused was convicted SC No.2015/2016 State Vs. Sunil @ Golu etc. Page - 1 of 5 for the offence punishable under Sec. 304-B IPC but he has challenged the judgment and sentence order before the Hon'ble High Court and the Hon'ble High Court has already suspended the sentence.
4. It is also submitted by convict that till the time he remained in custody for a period of around 5 years 9 months 6 days, no adverse report has been received from any authority. Convict prayed for lenient view in the matter, in view of the circumstances of the case.
5. Ld. Addl. PP for the State prayed for maximum sentence for which offences accused has been held guilty. Ld. Addl. PP also submits that now-a-days, society has no respect for police officials.
6. At the juncture of awarding the sentence, court has to consider three elements for appropriate measure of punishment out of them one is the motive for the commission of the offence; while another is the magnitude of the offence and third one is the character of the offender.
7. As per the Victim Impact Report, Vikram Bhati - Head Constable in Delhi Police, has incurred the expenditure of Rs.1.50 Lakhs on his injuries and out of which, a sum of Rs.36,000/- was paid by the department. He has also suffered a loss of income of Rs.50,000/-. Further, as per the said report, the paying capacity of the accused was assessed as Rs.10,000/- and the same was on the basis of having a motorcycle (Passion Pro) bearing registration no.DL-6S- AG-1090. It is submitted by the accused that the said motorcycle was received as a gift from his in-laws at the time of his marriage and after the committal of suicide by SC No.2015/2016 State Vs. Sunil @ Golu etc. Page - 2 of 5 his wife, the in-laws had already filed a case against him for dowry death. He has submitted that he has no means to pay the amount of Rs.10,000/- and he is not in a position to sell the said motorcycle as the same is also involved in the case filed by the in-laws. As per the report, since the paying capacity of the accused is assessed to be substantially lesser than the expenditure incurred by the victim and injuries suffered by the victim are grievous in nature, then, the Court may recommend the case to DLSA (East) for grant of compensation under Delhi Victim Compensation Scheme, 2018.
8. Under the overall circumstances, this Court is of the view that ends of justice would be met, if the present convict be sentenced as follows:-
(i) the convict namely Pawan S/o Sh. Shish Pal is hereby sentenced to SI for three months for the offence punishable under Sec. 186/34 IPC;
(ii) the convict namely Pawan S/o Sh. Shish Pal is hereby sentenced to SI for six months for the offence punishable under Sec. 353/34 IPC;
(iii) the convict namely Pawan S/o Sh. Shish Pal is hereby sentenced to the period already undergone and fine of Rs.4,000/- ID 15 days SI for the offence punishable under Sec. 333/34 IPC and
(iv) the convict namely Pawan S/o Sh. Shish Pal is hereby sentenced to the period of one year and fine of Rs.1,000/- ID 3 days SI for the offence punishable under Sec. 25 Arms Act;
It is also made clear that the present convict SC No.2015/2016 State Vs. Sunil @ Golu etc. Page - 3 of 5 shall be entitled to benefit of Section 428 Cr.P.C and all the sentences run concurrently, however, sentence for default of payment shall run one after the other.
It is also made clear that out of the fine, if realized, same shall be paid to the victim namely Const. Vikram Bhati and the notice to that effect be issued to the said victim after realization of the aforesaid fine amount. The matter is also recommended to the DLSA (East) for grant of compensation to the victim Const. Vikram Bhati under Delhi Victim Compensation Scheme, 2018 and the copy of this order be also sent to DLSA (East) for necessary action on their part.
At this stage, ld. LAC for accused submits that the accused has already undergone the entire substantial punishment and he may be granted one weeks' time to deposit the fine amount. Heard. As the accused has already been in custody for about five years, nine months i.e. the period undergone, in the interests of justice, the accused Pawan is granted one weeks' time to deposit the said fine amount, failing which, the Ahlmad is directed to bring the said fact to the knowledge of this Court in order to take further course of action against the accused Pawan. Till the period of one week from today, the sentence of the fine is suspended and at request, the bail bonds furnished at the time of Section 437-A is extended.
9. The application moved by State is also hereby stands disposed of, in terms of the aforesaid order. SC No.2015/2016 State Vs. Sunil @ Golu etc. Page - 4 of 5
10. A copy of the judgment and order on sentence are given to the convict, free of costs, forthwith.
11. Case property, if any, be confiscated to State, after the period of revision/appeal, if any.
12. Convict is also apprised of his legal rights to approach higher court and to take legal assistance at State expenses also.
File be consigned to record room after due compliance. Announced in the open Court on 30th day of November, 2022 (Arun Sukhija) Additional Sessions Judge-03 (East):
Karkardooma Courts: Delhi.
SC No.2015/2016 State Vs. Sunil @ Golu etc. Page - 5 of 5