Delhi District Court
State vs Brijesh on 16 March, 2013
1 FIR No.: 241/08 U/s 279 IPC PS: Tilak Marg State versus Brijesh Statement of accused Brijesh Sharma, Age 28 years, S/o Sh. Omkar Sharma, R/o 251, Brahman Muhalla, Village Sabhapur, Delhi 94. Without SA I plead guilty to the offence of 279 IPC. I fully understand that on basis of my plea of guilty, the Court may award sentence for the offence as per law and that in case I commit default in compliance with the conditions of the settlement and/or undertaking given about compensation, the Court may enforce the same by imposing sentence in default. I have agreed to this disposition voluntarily and without undue influence, fear or coercion from any quarter. RO&AC (ARUL VARMA) MM-01 (NI Act) Patiala House Courts 15.03.2013 2 FIR No.: 241/08 U/s 279 IPC PS: Tilak Marg State versus Brijesh In camera proceedings recorded with accused Brijesh Sharma, Age 28 years, S/o Sh. Omkar Sharma, R/o 251, Brahman Muhalla, Village Sabhapur, Delhi 94. Q. 1 What is your name and your father's Name ? A. Brijesh Sharma, S/o Sh. Omkar Sharma Q.2 What is your age and qualification ? A 28 years. I have passed the Matriculate. Q.3 Are you represented by a counsel of your choice or not ? A. Yes. Q.4 Have you understood the contents of the application moved by you ? A. Yes. Q.5 What have you understood ? A. I may be convicted and sentenced to a punishment by the court. Q.6 Have you made your application and affidavit accompanying it, voluntarily or not ? A. Yes. Q.7 Are you threatened by somebody to make the aforesaid stand in this case ? A. No. Q.8 Have you been previously convicted or not ? A. I am not previously convicted in any case with offences similar to case in question. Q.9 Have you threatened the complainant/Ld. APP/IO to make 3 the statements in this case? A. No. Q.10 Are you aware that you are not bound to make the aforesaid application in question ? A. Yes. RO&AC (ARUL VARMA) MM-01 (NI Act) Patiala House Courts 15.03.2013 4 FIR No.: 241/08 U/s 279 IPC PS: Tilak Marg State versus Brijesh Statement of Sh. Honey Goel, Ld APP for the State. Without SA On behalf of the State, I agree to conviction of the accused and pray that he be dealt with suitable as per the mutually satisfactory disposition settled between the parties. As per the facts collected during investigation, this accused be sentenced as per law. RO&AC (ARUL VARMA) MM-01 (NI Act) Patiala House Courts 16.03.2013 5 FIR No.: 241/08 U/s 279 IPC PS: Tilak Marg State versus Brijesh REPORT OF MUTUALLY SATISFACTORY DISPOSITION & PROCEEDINGS THERE UPON U/s 265 D-F of Cr.PC 16.03.13 Present:- Sh. Honey Goel, Ld APP for the State. Accused is present. The accused is facing trial U/s 279 IPC. Consequent to application moved by the applicant/accused to enter into plea bargaining with the prosecution, notices were issued to the (Additional) Public Prosecutor, and Investigating Officer to enter into negotiation to work out a mutually satisfactory disposition. Applicant/accused was examined by this Court on 15.03.13. This Court was satisfied that the applicant/accused has voluntarily moved the application and understood the nature of accusation/charges against him as also the nature and extent of punishment under the law. The parties were apprised by this Court that the entire process of negotiation has to be worked out in a free, fair and voluntary manner without any force, fear, undue influence or coercion and if at any stage they or any of them entertains any doubt, the Court be apprised of the same. The parties have now reported that they have worked out mutually satisfactory disposition of the case. Therefore, this Court proceeded to record the statement of the parties, which is part of this record. (ARUL VARMA) MM-01 (NI Act) Patiala House Courts 6 16.03.2013 FIR No.: 241/08 U/s 279 IPC PS: Tilak Marg State versus Brijesh 16.03.13 Present:- Sh. Honey Goel, Ld APP for the State. Accused is present in person. Accused had moved an application accompanied with affidavit for availing the benevolent provision of plea bargaining introduced by amendment in Cr.PC by way of Chapter XXI-A. The said application was moved by the accused through his counsel . Heard on the application. Record perused. After making such inquiry from the accused regarding his understanding about the nature of offence, the allegations against him and the consequences arising out of said proceedings, Court was satisfied that the present application falls within the purview of Chapter XXI-A Cr.PC. It is submitted by accused that he is not previously convicted for the same offence with which he has been charged with in this case. After satisfying that the present application was covered by the provision of Section 265-A Cr.PC and also satisfying that the present application has been moved by accused voluntarily, notice of this application was issued to Ld APP an IO. ORDER
Having heard the parties and the Counsel as well as PP/APP for the State. I find that the disposition worked out 7 mutually by the parties dated 15.03.13 is fair and just. Therefore, in terms of the mutually satisfactorily disposition worked out by the parties, this judgment is passed.
JUDGMENT Accused is facing trial on the allegation that on 30.07.08 at about 11:35 pm at T point Mathura Road, Sher Shah Road, New Delhi the accused was driving Tata Sumo bearing No. DL1VB 2660 in a rash and negligent manner and committed an offence punishable u/s 279 IPC, as mentioned in the charge sheet.
Challan was filed accordingly. By way of present application, accused has admitted his guilt and want to avail the benefit of Chapter XXI-A of Cr.PC by taking of the plea Bargain, I am prima-face satisfied that the charge against him is well- founded.
In view of plea of guilty made by the accused, he is convicted for the offence U/s. 279 IPC.
ORDER ON SENTENCE I have heard the plea of convict person, Ld. APP for the State and IO.
Keeping in view the nature of the offence and the given facts and circumstances of the present case, accused is sentenced to TRC.
File be sent back to the court concerned for consignment. Copy of order, judgment and order on sentence be given to the convict.
(ARUL VARMA) MM-01 (NI Act) Patiala House Courts 16.03.2013