Delhi District Court
State vs . Vipin Chamoli Etc. on 5 December, 2014
IN THE COURT OF SH. SANJAY KUMAR AGGARWAL
ASJ03 (NORTH) ROHINI COURT, DELHI
IN RE:
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
Q.1 What is your name?
Ans. Vipin Chamoli.
Q.2 Father's name?
Ans. Late Parmanand Chamoli.
Q.3 What is your age?
Ans. 29 yrs.
Q.4 What is your educational qualification?
Ans. MBA.
Q.5 What is your profession?
Ans. Private job.
Q.6 How many members are there in your family?
Ans. We are six members.
Q.7 What is the case against you as you understand?
Ans. Some altercation took place between me and my mother on one
side and my neighbourer Virender Kumar on other side.
Q.8 Who has made you understand about your case?
Ans. My counsel Sh. R.N. Singh counseled us about this case and about
the plea bargaining and repercussions thereof.
Q.9 Have you gone through the documents against you filed by the
prosecution/complainant and understood the same?
Ans. I had seen the complaint much earlier, but now my counsel has
again made me understand the same.
Q.10 Have you been previously convicted of any offence by any court?
Ans. No, never.
Q.11 Is there any other criminal case pending against you in any court?
Ans. No.
Q.12 What is your understanding about plea bargaining?
Ans. I shall be convicted by this court,but option shall remain with this
court to either release me on probation, admonition or fine.
Q.13 Who has apprised you about the provisions of plea bargaining: your
lawyer, prosecutor or any other authorities or Somebody else?
Ans. My lawyer.
Q.14 Do you know that you may lose your right to trial?
Ans. Yes, I am aware.
Q.15 Are you aw are that you are not bound and can not be compelled to
make admission of your guilt?
Ans. Yes, I am aware.
Q.16 Do you want to plead guilty to some or all?
Ans. I want to confess guilt as I have settled the matter with complainant
and I am really repenting for the commission of the offence.
Q.17 Why do you want to plead guilty?
Ans. To give a fresh lease of life and to become a good citizen. I am a
young man and I am told that no adverse infrence shall be drawn
against me if I settle the matter during plea bargaining proceedings.
Q.18 Do you want more time to think about this course of action?
Ans. No.
Q.19 Do you understand the consequences of pleading guilty to some or
all the accusations/charges?
Ans. Yes, I have been explained by my counsel.
Q.20 How long you remained in Judicial Custody?
Ans. Nine days.
Q.21 Has any body threatened or coerced you to enter into plea
bargaining?
Ans. No.
Q.23 Do you want to compensate the victim, and if so, how?
Ans. Rs. 5000/ as compensation.
Q.24 Do you have the source or capacity to compensate the victim or
pay fine (As the case may be)?
Ans. Yes, I have capacity to pay and I will pay.
Q.25 Has any one from the complainant side approached you, how,
when and what negotiations have already followed?
Ans. We both mutually entered into negotiations.
RO & AC
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
Certificate:
Certified that above proceedings are true and correct,
recorded by steno in my presence.
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
IN THE COURT OF SH. SANJAY KUMAR AGGARWAL
ASJ03 (NORTH) ROHINI COURT, DELHI
IN RE:
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
Q.1 What is your name?
Ans. Sunita @ Seeta Chamoli.
Q.2 Husband's name?
Ans. Late Parmanand Chamoli.
Q.3 What is your age?
Ans. 48 yrs.
Q.4 What is your educational qualification?
Ans. 10th pass.
Q.5 What is your profession?
Ans. House wife.
Q.6 How many members are there in your family?
Ans. We are six members.
Q.7 What is the case against you as you understand?
Ans. Some altercation took place between me and my son on one
side and my neighbourer Virender Kumar on other side.
Q.8 Who has made you understand about your case?
Ans. My counsel Sh. R.N. Singh counseled us about this case and about
the plea bargaining and repercussions thereof.
Q.9 Have you gone through the documents against you filed by the
prosecution/complainant and understood the same?
Ans. I had seen the complaint much earlier, but now my counsel has
again made me understand the same.
Q.10 Have you been previously convicted of any offence by any court?
Ans. No, never.
Q.11 Is there any other criminal case pending against you in any court?
Ans. No.
Q.12 What is your understanding about plea bargaining?
Ans. I shall be convicted by this court,but option shall remain with this
court to either release me on probation, admonition or fine.
Q.13 Who has apprised you about the provisions of plea bargaining: your
lawyer, prosecutor or any other authorities or Somebody else?
Ans. My lawyer.
Q.14 Do you know that you may lose your right to trial?
Ans. Yes, I am aware.
Q.15 Are you aw are that you are not bound and can not be compelled to
make admission of your guilt?
Ans. Yes, I am aware.
Q.16 Do you want to plead guilty to some or all?
Ans. I want to confess guilt as I have settled the matter with complainant
and I am really repenting for the commission of the offence.
Q.17 Why do you want to plead guilty?
Ans. To give a fresh lease of life and to become a good citizen. I am an
old lady and I am told that no adverse infrence shall be drawn
against me if I settle the matter during plea bargaining proceedings.
Q.18 Do you want more time to think about this course of action?
Ans. No.
Q.19 Do you understand the consequences of pleading guilty to some or
all the accusations/charges?
Ans. Yes, I have been explained by my counsel.
Q.20 How long you remained in Judicial Custody?
Ans. Nine days.
Q.21 Has any body threatened or coerced you to enter into plea
bargaining?
Ans. No.
Q.23 Do you want to compensate the victim, and if so, how?
Ans. Rs. 5000/ as compensation.
Q.24 Do you have the source or capacity to compensate the victim or
pay fine (As the case may be)?
Ans. Yes, I have capacity to pay and I will pay.
Q.25 Has any one from the complainant side approached you, how,
when and what negotiations have already followed?
Ans. We both mutually entered into negotiations.
RO & AC
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
Certificate:
Certified that above proceedings are true and correct,
recorded by steno in my presence.
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
Report of Mutually Satisfactory Disposition & Proceedings thereupon
u/s 265 DF of Cr. P.C
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
Present : Sh. Harvinder Kumar Nar, Ld. APP for the state.
Applicants/accused in person with counsel Sh. R.N. Singh.
Complainant Sh. Virender Kumar in person.
IO SI Karan Singh.
The accused is facing trial u/s 308/34 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, Complainant/Victim(s) and investigation officer to enter into
negotiations to work out a mutually satisfactory disposition.
Applicant/accused were examined by this court today itself,
the proceedings of which are part of record. This court is satisfied that the
applicants/accused have voluntarily moved the application and understood
the nature of accusation/charges against them 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.
As informed, the parties had meetings at their personal level.
No party reported by untoward incident or use of undue influence, fear,
coercion, misrepresentation or fraud by one party on the other.
The parties have now reported that they have worked out
mutually satisfactory disposition of the case.
Therefore, this court proceeds to record the statements of the
parties.
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
05.12.2014
Statement of (accused) Vipin Chamoli, S/o Sh. Parmanand, R/o H. No.
175, Pkt 4, Sec. 21, Rohini, Delhi.
Without SA
I plead guilty to the offence of 308/34 IPC. I fully understand
that on the 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, the Court may enforce the same by imposing sentence in
default. I have agreed to this deposition voluntarily and without undue
influence, fear or coercion from any quarter. I have agreed to pay Rs.
5000/ t the complainant under mutual satisfactory disposition.
RO & AC
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
05.12.2014
Statement of (accused) Sunita Chamoli, W/o Sh. Parmanand, R/o H. No.
175, Pkt 4, Sec. 21, Rohini, Delhi.
Without SA
I plead guilty to the offence of 308/34 IPC. I fully understand
that on the 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, the Court may enforce the same by imposing sentence in
default. I have agreed to this deposition voluntarily and without undue
influence, fear or coercion from any quarter. I have agreed to pay Rs.
5000/ t the complainant under mutual satisfactory disposition.
RO & AC
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
05.12.2014
Statement Sh. Harvinder Kumar Nar, Ld. APP for the state.
Without SA
On behalf of the State, I agree to conviction of the accused
persons u/s 308/34 IPC and pray that they be dealt with suitable as per the
mutually satisfactory disposition settled between the parties. As per the
facts collected during investigation, these accused be sentenced as per
law.
RO & AC
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
05.12.2014
Statement of Virender Kumar Sharma, S/o Sh. Om Prakash, R/o Plot No.
100, F.F, Pocket 13, Sec. 21, Rohini, Delhi..
On SA
I am the complainant/injured in the present case. I am
making the statement voluntarily and without any pressure. I have entered
into mutually satisfactory disposition voluntarily with the accused persons.
Both the accused have agreed to make a payment of Rs.5000/ each as
compensation to me. We are neighbourers and we want to live peacefully
and accordingly, I pray to this court to take lenient view against the
accused.
RO & AC
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
05.12.2014
Sh. Harvinder Kumar Nar, Ld. APP for the state.
Plea of Ld. APP accepted by the Court
(Sanjay Kumar Aggarwal)
ASJIII(North):Rohini Courts:05.12.2014
In the court of Sh. Sanjay Kumar Aggarwal
ASJ03 (North), Rohini Courts, Delhi.
FIR No. 34/2012
PS - Begum Pur.
U/S308/34 IPC.
State Vs. Vipin Chamoli Etc.
05.12.2014
Present : Sh. Harvinder Kumar Nar, Ld. APP for the state.
Applicants/accused with counsel Sh.R.N. Singh.
Complainant Sh. Virender Kumar
IO/SI Karan Singh.
Accused have moved the application along with the
affidavits for availing the benevolent provision of plea bargaining
introduced by the amendment in Cr. P.C by way of chapter XXIA.
Heard on the application. Record perused.
After making inquiries from the accused persons
regarding their understanding about the nature of offence, the
allegations against them and the consequences arising out of said
proceedings, this court was satisfied that the present application may
be considered as fit within the purview of Chapter XXIA Cr. P.C.
It is submitted by the accused persons that they are not
previously convicted for the same offence with which they have been
charged in this case.
After satisfying that the present application was covered
by the provision of section 265A Cr. P.C and also satisfying that the
present application has been moved by the accused persons
voluntarily, notice of this application was issued to Ld. APP, IO and
complainant.
In order to ensure as to whether the accused persons
have filed this application voluntarily, the accused persons were
examined in Camera as required by Section 265B(4) Cr. P.C where
the other party, was not present.
The accused persons have been examined in Camera
vide separate proceedings today and after examining the accused
persons in camera today, this court is satisfied that both the accused
have moved this application voluntarily. The applicants fully
understand the consequences of entering into plea bargaining in
respect of accusation/charges against him and intend to arrive at
mutually satisfactory disposition with the prosecution. Thus, accused
as well as Ld. APP, IO and complainant were asked to work out a
mutually satisfactory disposition of the case.
ORDER
Having heard the parties at the Ld. consel as well as Ld. APP for the state, I find that the disposition worked mutually by the parties today is fair and just. Therefore, in terms of the mutually satisfactory disposition worked out by the parties, this judgment is passed.
JUDGMENT Accused is facing trial on the allegations that 12.02.2014, at about 9.00 am, when complainant was washing his three wheeler (TSR) in front of his house, the accused Sunita along with her son accused Vipin started arguing saying "tumhara paani naali mei aa raha hai" (your water is coming towards drain). Scuffle arose and both the accused person started beating the complainant/Virender Kumar with saria, brick and fist blows and caused grievous injuries on the person of complainant Virender Kumar.
Chargesheet was filed accordingly. By way of present application, accused have made mutually satisfactory disposition for the offence u/s 308/34 IPC and both the accused have admitted their guilt u/s 308/34 IPC and requested this court to provide them the benefit of Chapter XXIA of Cr. P.C. In view of the plea of guilt made by the accused persons and the fact that accused have entered into mutually satisfactory disposition, I hereby convict both the accused for the offence u/s 308/34 IPC.
Order on sentence I have heard the convicts and the Ld. APP for the State, complainant/injured and IO on the point of sentence. The convict Sunita Chamoli is 48 and convict Vipin Chamoli is 29 years of age. Both the accused have already paid their share of Rs. 5000/ each as per mutual satisfactory disposition.
In view of the submission made, lenient view is taken against both the accused for an offence u/s 308/34 IPC.
Both the accused persons remained in JC for about 9 days.
Keeping in view the nature of the offence and the given facts and circumstances of the present case and taking into consideration, economic, social and family background of the convicts, convicts Sunita Chamoli and Vipin Chamoli be granted benefit of Probation of Offender Act 1958. Both convicts be released on their entering into a bond of Rs. 5000/ with one surety of like amount each for a period of six months and to appear and receive sentence when called upon during such period. In the meantime, both the convicts to keep peace and be of good behaviour.
Copies of the judgment are given to the parties free of cost. File be consigned to record room.
Announced in the open court today i.e. 05.12.2014 (Sanjay Kumar Aggarwal) ASJIII(North):Rohini Courts:05.12.2014