Delhi District Court
State vs . Babloo Etc. on 15 November, 2014
State Vs. Babloo Etc.
FIR No. 262/08
PS Aman Vihar
u/s 147/149/325/506/452/308 IPC
ORDER ON SENTENCE
15.11.2014
Present : Sh. Jogender Singh Malik, Ld. Substitute PP for State .
Convicts namely Babloo, Subhash, Krishan, Rinku Yadav
and Arun Jha on bail in person.
Sh. Ashok Kumar, Ld. Counsel for convicts Babloo,
Subhash, Krishan and Arun Jha.
Sh. Ram Kishan, Ld. counsel for convict Rinku Yadav.
Complainant/injured persons namely Mamta, Keshav,
Lata, Vandana, Bhirmo Devi, Rajkumar, Ajay Kumar,
Ram Beti and Shanti in person.
IO SI Krishan Kumar (Retired) is also present.
Argument on the point of sentence heard. Record
perused.
During the course of arguments, convict persons namely
Babloo, Subhash, Krishan and Arun Jha submitted that they have
already remained in JC for a period of around 79 months. Convict
Rinku Yadav submitted that he was granted anticipatory bail and he
has not been in JC in the present case.
Ld. counsel for the convicts submitted that both the
parties are residing in the same locality and in fact, they are the
neighbours. It is further submitted that victims are being
compensated by making the payment of Rs.2,50,000/. It was also
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argued that all the convicts have responsibility to maintain their
respective families and they are the respectable citizens of the
society. It was also argued that they are not previous convict.
Complainants/Victims have also made a request to take a
lenient view against the above said convict persons by stating that
both the sides want to live a peaceful life without any disturbance. It
is also stated that the convict persons are not previously convicted in
any other case and their antecedents are clear.
Ld. Substitute Addl. PP submits that appropriate sentence
may be awarded in view of the allegations appearing against the
convict persons.
All the five convict persons have come forward to admit
their guilt by moving an application U/s 265B Cr.P.C. and after
having due deliberations between all the relevant stake holders, they
have arrived at MSD. There is nothing on record which could show
that convicts are previously involved in any other criminal case. As
per the MSD, both the parties have amicably settled their dispute and
now, they want to live happily without having any grudge against
each other. Today, in the presence of the court, a compensation
amount of Rs.2,50,000/ as referred in the MSD and separate
statements of the parties, has been paid to victims/complainants by
the convict persons.
In these circumstances, no purpose would be served by
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sending the convicts behind the bar. Keeping in view the nature of
the offence and over all facts and circumstances of the present case
as stated herein above and also economic, social and family
background of the convicts, the convict namely Babloo, Subhash,
Krishan and Arun Jha are sentenced to imprisonment for the period
already undergone by them during investigation / trial with benefit of
Section 428 Cr.P.C. along with fine of Rs.100/ each for each of the
offence u/s.147/149, 325/149, 452/149, 506/149 & 308/149 IPC (a
total fine of Rs.500/ on each of said convict persons).
Keeping in view, the nature of the offence and overall
facts and circumstances of the present case, as stated herein above,
accused Rinku Yadav is released on probation of good conduct for
one year subject to the following conditions :
a) He shall furnish probation bond in the sum of
Rs.10,000/ with one surety in the like amount.
b) He is directed to keep peace and be of good behaviour
during that period.
c) He is directed to appear and receive sentence as and
when called upon during such period by the Court.
Besides that, payment of compensation amount of Rs.
2,50,000/ by them to the complainants/victims.
Said amount of compensation has been paid by the
convicts to the victims/complainants as indicated.
Probation bond furnished. Accepted.
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Copy of this judgment be given to the parties free of cost.
Surety bonds stand discharged. Documents, if any, of the sureties be
released after cancellation of endorsement, if any.
File be consigned to record room.
(Rajesh Kumar Goel)
Additional Sessions Judge: 05 (North)
Rohini Courts: Delhi: 15.11.2014
REPORT OF MUTUALLY SATISFACTORY DISPOSITION
& PROCEEDINGS THEREUPON U/S 265 DF of Cr.P.C.
State Vs. Babloo Etc.
FIR No. 262/08
PS Aman Vihar
u/s 147/149/325/506/452/308 IPC
15.11.2014
Present : Sh. Jogender Singh Malik, Ld. Substitute PP for State .
Applicants/accused persons namely Babloo, Subhash,
Krishan, Rinku Yadav and Arun Jha on bail in person.
Sh. Ashok Kumar, Ld. Counsel for accused Babloo,
Subhash, Krishan and Arun Jha.
Sh. Ram Kishan, Ld. counsel for accused Rinku Yadav.
Complainant/injured persons namely Mamta, Keshav,
Lata, Vandana, Bhirmo Devi, Rajkumar, Ajay Kumar,
Ram Beti and Shanti in person.
IO SI Krishan Kumar (Retired) is also present.
The accused persons namely Babloo, Subhash,
Krishan, Rinku Yadav and Arun Jha have been charged with offences
U/s 147/149/452/308/325/506 IPC. Consequent to application u/s
265B Cr.P.C. moved by the applicants/accused persons to enter into
plea bargaining, notices were issued to the Ld. Additional PP,
victim/complainant and the Investigating officer to enter into
negotiation to work out a mutually satisfactory disposition.
In order to ensure as to whether the accused persons
have filed this application voluntarily, they were examined in Camera
as required by Section 265 B(4) Cr.P.C. where the other party, was
not present.
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After examining the said accused persons in camera
proceedings and after making necessary inquiry from them, this Court
is satisfied that the said applicants/accused persons have voluntarily
moved the application and have understood the nature of
accusation/charges leveled against them as also the nature and
extent of punishment prescribed under the law.
The parties were duly apprised by this Court that the
entire process of negotiation has to be worked out in a free, fair and
voluntarily manner without any force, fear, undue influence or
coercion and if, at any stage, they or any of them entertains any
doubt, the Court may be apprised of the same.
The parties have had meetings today i.e. 15.11.2014 in
the Court room. No one reported any untoward incident or use of
undue influence, fear, coercion, misrepresentation or fraud by one
party on the other.
The parties have now not reported that they have worked
out mutually satisfactory disposition of the case.
Therefore, this Court proceeds to record the statements of
the parties, IO and Ld. Additional PP.
(Rajesh Kumar Goel)
Additional Sessions Judge: 05 (North)
Rohini Courts: Delhi: 15.11.2014
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ORDER:
Having heard the parties, Ld. counsel for the accused persons as well as Ld. Substitute Additional PP for State and IO, I find that the disposition mutually worked out by both the sides, is fair and just. Therefore, in terms of the mutually satisfactory disposition worked out by the parties, separate judgment has been passed whereby the accused persons namely Babloo, Subhash, Krishan, Rinku Yadav and Arun Jha have been convicted in respect of offences u/s 147/149/325/506/452/308 IPC and they have been sentenced separately.
File be consigned to record room.
(Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) Rohini Courts: Delhi: 15.11.2014 IN THE COURT OF SHRI RAJESH KUMAR GOEL: ADDL. SESSIONS JUDGE05 (NORTH): ROHINI COURTS: DELHI Session Case No. 133/14 Unique Case ID No. 02404R0323832011 State Vs. (1). Bablu S/o Sh. Surender Jha R/o A11, Bhagya Vihar , Delhi.
(2). Subhash S/o Sh. Sona Lal R/o A11, Bhagya Vihar , Delhi.
(3). Krishan S/o Sh. Sona Lal R/o A11, Bhagya Vihar , Delhi.
(4). Rinku Yadav S/o Sh. Attar Singh R/o B470, Ambika Enclave, Nihal Vihar, Nangloi, Delhi.
(5). Arun Jha S/o Sh. Surender Jha R/o B39. Bhagya Vihar, Jail Colony, Rani Khera, Delhi.
FIR No. : 262/08
Police Station : Aman Vihar Under Sections : u/s 147/149/325/506/452/308 IPC Date of committal to Sessions Court: 22.11.2011 Date on which judgment was reserved: 15.11.2014 Date on which Judgment pronounced: 15.11.2014 JUDGMENT:
All the accused persons had been facing trial in respect of 2 offences u/s 147/149/325/506/452/308 IPC on the allegations that on 04.09.08, at about 9:30PM, at H.No.C51, Bhagya Vihar, Prem NagarIII, Delhi belonging to Raj Kumar, all the five accused persons in furtherance of their common intention formed an unlawful assembly with common object of committing rioting and culpable homicide not amounting to murder and committed violence and injury to the complainants/injured persons. It is further alleged that in furtherance of above said common object of committing rioting and unlawful assembly, accused persons committed house trespass having made preparations for causing hurt to Mamta, Keshav, Lata, Vandana, Bhirmo Devi, Raj Kumar, Ajay Kumar and Ram Beti and caused grevious injuries to Ajay Kumar, Ram Beti and Shanti with danda and iron rod and injury to Mamta, Keshav, Lata, Vandana, Bhirmo Devi and Raj Kumar with such intention and knowledge that if by such injuries, they all would have caused the death of above said persons, they all would have been guilty of culpable homicide not amounting to murder. It is further alleged that accused persons threatened complainants/victims to kill them.
After completion of investigation, chargesheet had been filed before the Court. After compliance of section 207 Cr.P.C., the case was committed to the Court of Sessions and was assigned to the Court of Sessions.
After hearing arguments on the point of charge, Ld. 3 Predecessor of this Court was pleased to frame the charges for the offences u/s 147/149/325/506/452/308 IPC against all the five accused persons to which they pleaded not guilty and claimed trial.
The accused persons were put to trial after framing of charges against them as stated above. However, during pendency of trial, accused persons moved an application U/s 265(B) Cr.P.C. for entering into plea bargaining.
All the five accused persons were examined in Camera by the Court in order to ascertain their voluntariness in moving the aforesaid application. During said Camera proceedings, said accused persons admitted their guilt and claimed that they wanted to avail the benefit of Chapter XXIA of Cr.P.C. by taking recourse to the Plea Bargaining. The Court was prima facie satisfied that the charges against them are well founded.
Thereafter, all the relevant stake holders were put to notice and after having due deliberation between them, they arrived at Mutually Satisfactory Disposition (MSD) which was brought before the Court. The entire process was free and fair. The terms and conditions of MSD were found to have been arrived at by all the sides voluntarily and accordingly, the statements of all the relevant stake holders were recorded before the Court.
In view of the plea of guilty made by accused persons 4 Babloo, Subhash, Krishan, Rinku Yadav and Arun Jha and in view of MSD arrived at between the parties, all the five accused persons are convicted for the offences u/s 147/149/325/506/452/308 IPC. Announced in open Court today dt. 15.11.2014 (Rajesh Kumar Goel) Additional Sessions Judge05 North District, Rohini Courts, Delhi State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Questions put to accused Arun Jha S/o Surender Jha, who has been examined in camera {Section 265B(4) Cr.P.C.}. Q1 What is your name?
Ans. Arun Jha Q2 What is your father's name?
Ans. Sh. Surender Jha Q3 What is your age?
Ans. 35 years.
Q4 What is your educational qualification?
th Ans. 10 Pass.
Q5 Who are there in your family?
Ans. Wife and four children.
Q6 Is there any other criminal case pending against you in any court?
Ans. No. Q7 Have you been previously convicted of same offence by any court?
Ans. No. Q8 Have you received the copy of charge sheet in the present case?
Ans. Yes.
2 Q9 Have you gone through the documents filed against you by the prosecution?
Ans. My lawyer has gone through the documents and has explained the same to me.
Q10 What is the case against you as you understand? Ans. It is alleged against that I alongwith coaccused persons had caused injury to complainant/injured presons as mentioned in the chargesheet.
Q11 Who has made you understand about your case? Ans. My lawyer has explained and discussed the same with me. Q12 Who has apprised you about the provisions of Plea Bargaining:
Your lawyer, Prosecution, Jail inmate or authorities or some body else Ans. My lawyer has apprised me about the provisions of Plea Bargaining.
Q13 Do you know the contents of the application as well as affidavit filed by you ?
Ans. Yes, I know the contents of the application as well as affidavit filed by me.
Q14 Have you filed the application voluntarily without any force, fear or coercion?
Ans. Yes, application has been filed voluntarily and without any force, fear or coercion by me.
Q15 Has any body coerced/induced you to enter into Plea Bargaining ?
Ans. No, nobody has coerced or induced me to enter into Plea Bargaining.
3 Q16 Do you know that you are not bound to file the present application and have a right of complete trial ? Ans. Yes, I understand that I am not bound to file the present application and I have a right of complete trial.
Q17 Do you know that in the process of Plea Bargaining you would be asked to participate in Mutually Satisfactory Disposition of the present case in which the complainant/victim will also be a party ? Ans. Yes, I understand that I shall be asked to participate in Mutually Satisfactory Disposition of the present case in which complainant will also be a party.
Q18 Do you understand that by resorting to Plea Bargaining, you will forgo your right to trial, right to confront the complainant/victim, right to bring witnesses in your defence and right to be convicted by proof of your guilt beyond all reasonable doubt. Ans. I understand that by resorting to Plea Bargaining, I will forgo my right to trial, right to confront the complainant/victim, right to bring witnesses in my defence and right to be convicted by proof of my guilt.
Q19 Do you understand that in the process of Plea Bargaining, you will have to admit your guilt and plead guilty of the offence alleged to have been committed by you?
Ans. Yes, I understand that in the process of Plea Bargaining, I will have to admit my guilt and plead guilty of the offence alleged to have been committed by me.
Q20 Are you aware that you are not bound and can not be compelled to make admission of your guilt? Ans. I am aware that I am not bound and can not be compelled to make admission of my guilt.
Q21 Do you also understand that as a result of Plea Bargaining 4 culminating into Mutually Satisfactory Disposition, you may have to pay compensation to the victim/injured/complainant as may be mutually agreed?
Ans. I know that I may be required to pay compensation to the complainant/victims as may be mutually agreed. Injured/complainant are my neighbour and we have settled the matter.
Q22 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one forth of the minimum sentence as prescribed under the law ? Ans. Yes, I understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, I may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one fourth of the minimum sentence as prescribed under the law.
Q23 Do you understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment ? Ans. Yes, I understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment.
Q24 How long have you been in judicial custody in this case? Ans. About 9 months.
Q25 Do you want some time to think about this course of action? Ans. No, I do not require time to think as I have already made up my mind.
Q26 Do you want to proceed with your application for Plea Bargaining? Ans. Yes.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Questions put to accused Rinku Yadav S/o Late Sh. Attar Singh Yadav, who has been examined in camera {Section 265B(4) Cr.P.C.}.
Q1 What is your name?
Ans. Rinku Yadav Q2 What is your father's name?
Ans. Late Sh. Attar Singh Yadav Q3 What is your age?
Ans. 30 years.
Q4 What is your educational qualification?
th Ans. 8 Pass.
Q5 Who are there in your family?
Ans. Mother, Wife and two children.
Q6 Is there any other criminal case pending against you in any court?
Ans. No. Q7 Have you been previously convicted of same offence by any court?
Ans. No. Q8 Have you received the copy of charge sheet in the present case?
Ans. Yes.
2 Q9 Have you gone through the documents filed against you by the prosecution?
Ans. My lawyer has gone through the documents and has explained the same to me.
Q10 What is the case against you as you understand? Ans. It is alleged against that I alongwith coaccused persons had caused injury to complainant/injured presons as mentioned in the chargesheet.
Q11 Who has made you understand about your case? Ans. My lawyer has explained and discussed the same with me.
Q12 Who has apprised you about the provisions of Plea Bargaining:
Your lawyer, Prosecution, Jail inmate or authorities or some body else Ans. My lawyer has apprised me about the provisions of Plea Bargaining.
Q13 Do you know the contents of the application as well as affidavit filed by you ?
Ans. Yes, I know the contents of the application as well as affidavit filed by me.
Q14 Have you filed the application voluntarily without any force, fear or coercion?
Ans. Yes, application has been filed voluntarily and without any force, fear or coercion by me.
Q15 Has any body coerced/induced you to enter into Plea Bargaining ?
Ans. No, nobody has coerced or induced me to enter into Plea Bargaining.
3 Q16 Do you know that you are not bound to file the present application and have a right of complete trial ? Ans. Yes, I understand that I am not bound to file the present application and I have a right of complete trial.
Q17 Do you know that in the process of Plea Bargaining you would be asked to participate in Mutually Satisfactory Disposition of the present case in which the complainant/victim will also be a party ? Ans. Yes, I understand that I shall be asked to participate in Mutually Satisfactory Disposition of the present case in which complainant will also be a party.
Q18 Do you understand that by resorting to Plea Bargaining, you will forgo your right to trial, right to confront the complainant/victim, right to bring witnesses in your defence and right to be convicted by proof of your guilt beyond all reasonable doubt. Ans. I understand that by resorting to Plea Bargaining, I will forgo my right to trial, right to confront the complainant/victim, right to bring witnesses in my defence and right to be convicted by proof of my guilt.
Q19 Do you understand that in the process of Plea Bargaining, you will have to admit your guilt and plead guilty of the offence alleged to have been committed by you?
Ans. Yes, I understand that in the process of Plea Bargaining, I will have to admit my guilt and plead guilty of the offence alleged to have been committed by me.
Q20 Are you aware that you are not bound and can not be compelled to make admission of your guilt? Ans. I am aware that I am not bound and can not be compelled to make admission of my guilt.
Q21 Do you also understand that as a result of Plea Bargaining 4 culminating into Mutually Satisfactory Disposition, you may have to pay compensation to the victim/injured/complainant as may be mutually agreed?
Ans. I know that I may be required to pay compensation to the complainant/victims as may be mutually agreed. Injured/complainant are my neighbour and we have settled the matter.
Q22 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one forth of the minimum sentence as prescribed under the law ? Ans. Yes, I understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, I may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one fourth of the minimum sentence as prescribed under the law.
Q23 Do you understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment ? Ans. Yes, I understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment.
Q24 How long have you been in judicial custody in this case? Ans. I have not been in JC in this case.
Q25 Do you want some time to think about this course of action? Ans. No, I do not require time to think as I have already made up my mind.
Q26 Do you want to proceed with your application for Plea Bargaining? Ans. Yes.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Questions put to accused Krishan S/o Sona Lal, who has been examined in camera {Section 265B(4) Cr.P.C.}. Q1 What is your name?
Ans. Krishan Q2 What is your father's name?
Ans. Sona Lal Q3 What is your age?
Ans. 45 years.
Q4 What is your educational qualification?
th Ans. 10 Pass.
Q5 Who are there in your family?
Ans. Wife and two children.
Q6 Is there any other criminal case pending against you in any court?
Ans. No. Q7 Have you been previously convicted of same offence by any court?
Ans. No. Q8 Have you received the copy of charge sheet in the present case?
Ans. Yes.
Q9 Have you gone through the documents filed against you by the 2 prosecution?
Ans. My lawyer has gone through the documents and has explained the same to me.
Q10 What is the case against you as you understand? Ans. It is alleged against that I alongwith coaccused persons had caused injury to complainant/injured presons as mentioned in the chargesheet.
Q11 Who has made you understand about your case? Ans. My lawyer has explained and discussed the same with me.
Q12 Who has apprised you about the provisions of Plea Bargaining: Your lawyer, Prosecution, Jail inmate or authorities or some body else Ans. My lawyer has apprised me about the provisions of Plea Bargaining.
Q13 Do you know the contents of the application as well as affidavit filed by you ?
Ans. Yes, I know the contents of the application as well as affidavit filed by me.
Q14 Have you filed the application voluntarily without any force, fear or coercion?
Ans. Yes, application has been filed voluntarily and without any force, fear or coercion by me.
Q15 Has any body coerced/induced you to enter into Plea Bargaining ?
Ans. No, nobody has coerced or induced me to enter into Plea Bargaining.
Q16 Do you know that you are not bound to file the present 3 application and have a right of complete trial ? Ans. Yes, I understand that I am not bound to file the present application and I have a right of complete trial.
Q17 Do you know that in the process of Plea Bargaining you would be asked to participate in Mutually Satisfactory Disposition of the present case in which the complainant/victim will also be a party ? Ans. Yes, I understand that I shall be asked to participate in Mutually Satisfactory Disposition of the present case in which complainant will also be a party.
Q18 Do you understand that by resorting to Plea Bargaining, you will forgo your right to trial, right to confront the complainant/victim, right to bring witnesses in your defence and right to be convicted by proof of your guilt beyond all reasonable doubt. Ans. I understand that by resorting to Plea Bargaining, I will forgo my right to trial, right to confront the complainant/victim, right to bring witnesses in my defence and right to be convicted by proof of my guilt.
Q19 Do you understand that in the process of Plea Bargaining, you will have to admit your guilt and plead guilty of the offence alleged to have been committed by you?
Ans. Yes, I understand that in the process of Plea Bargaining, I will have to admit my guilt and plead guilty of the offence alleged to have been committed by me.
Q20 Are you aware that you are not bound and can not be compelled to make admission of your guilt? Ans. I am aware that I am not bound and can not be compelled to make admission of my guilt.
Q21 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may have to 4 pay compensation to the victim/injured/complainant as may be mutually agreed?
Ans. I know that I may be required to pay compensation to the complainant/victims as may be mutually agreed. Injured/complainant are my neighbour and we have settled the matter.
Q22 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one forth of the minimum sentence as prescribed under the law ? Ans. Yes, I understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, I may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one fourth of the minimum sentence as prescribed under the law.
Q23 Do you understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment ? Ans. Yes, I understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment.
Q24 How long have you been in judicial custody in this case? Ans. About 910 months.
Q25 Do you want some time to think about this course of action? Ans. No, I do not require time to think as I have already made up my mind.
Q26 Do you want to proceed with your application for Plea Bargaining? Ans. Yes.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Questions put to accused Subhash S/o Sona Lal, who has been examined in camera {Section 265B(4) Cr.P.C.}. Q1 What is your name?
Ans. Subhash Q2 What is your father's name?
Ans. Sona Lal Q3 What is your age?
Ans. 38 years.
Q4 What is your educational qualification?
th Ans. 10 Pass.
Q5 Who are there in your family?
Ans. Wife and two children.
Q6 Is there any other criminal case pending against you in any court?
Ans. No. Q7 Have you been previously convicted of same offence by any court?
Ans. No. Q8 Have you received the copy of charge sheet in the present case?
Ans. Yes.
Q9 Have you gone through the documents filed against you by the 2 prosecution?
Ans. My lawyer has gone through the documents and has explained the same to me.
Q10 What is the case against you as you understand? Ans. It is alleged against that I alongwith coaccused persons had caused injury to complainant/injured presons as mentioned in the chargesheet.
Q11 Who has made you understand about your case? Ans. My lawyer has explained and discussed the same with me.
Q12 Who has apprised you about the provisions of Plea Bargaining: Your lawyer, Prosecution, Jail inmate or authorities or some body else Ans. My lawyer has apprised me about the provisions of Plea Bargaining.
Q13 Do you know the contents of the application as well as affidavit filed by you ?
Ans. Yes, I know the contents of the application as well as affidavit filed by me.
Q14 Have you filed the application voluntarily without any force, fear or coercion?
Ans. Yes, application has been filed voluntarily and without any force, fear or coercion by me.
Q15 Has any body coerced/induced you to enter into Plea Bargaining ?
Ans. No, nobody has coerced or induced me to enter into Plea Bargaining.
Q16 Do you know that you are not bound to file the present 3 application and have a right of complete trial ? Ans. Yes, I understand that I am not bound to file the present application and I have a right of complete trial.
Q17 Do you know that in the process of Plea Bargaining you would be asked to participate in Mutually Satisfactory Disposition of the present case in which the complainant/victim will also be a party ? Ans. Yes, I understand that I shall be asked to participate in Mutually Satisfactory Disposition of the present case in which complainant will also be a party.
Q18 Do you understand that by resorting to Plea Bargaining, you will forgo your right to trial, right to confront the complainant/victim, right to bring witnesses in your defence and right to be convicted by proof of your guilt beyond all reasonable doubt. Ans. I understand that by resorting to Plea Bargaining, I will forgo my right to trial, right to confront the complainant/victim, right to bring witnesses in my defence and right to be convicted by proof of my guilt.
Q19 Do you understand that in the process of Plea Bargaining, you will have to admit your guilt and plead guilty of the offence alleged to have been committed by you?
Ans. Yes, I understand that in the process of Plea Bargaining, I will have to admit my guilt and plead guilty of the offence alleged to have been committed by me.
Q20 Are you aware that you are not bound and can not be compelled to make admission of your guilt? Ans. I am aware that I am not bound and can not be compelled to make admission of my guilt.
Q21 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may have to 4 pay compensation to the victim/injured/complainant as may be mutually agreed?
Ans. I know that I may be required to pay compensation to the complainant/victims as may be mutually agreed. Injured/complainant are my neighbour and we have settled the matter.
Q22 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one forth of the minimum sentence as prescribed under the law ? Ans. Yes, I understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, I may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one fourth of the minimum sentence as prescribed under the law.
Q23 Do you understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment ? Ans. Yes, I understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment.
Q24 How long have you been in judicial custody in this case? Ans. About 910 months.
Q25 Do you want some time to think about this course of action? Ans. No, I do not require time to think as I have already made up my mind.
Q26 Do you want to proceed with your application for Plea Bargaining? Ans. Yes.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Questions put to accused Bablo S/o Surender Jha, who has been examined in camera {Section 265B(4) Cr.P.C.}. Q1 What is your name?
Ans. Babloo Q2 What is your father's name?
Ans. Surender Jha Q3 What is your age?
Ans. 32 years.
Q4 What is your educational qualification?
th Ans. 10 Pass.
Q5 Who are there in your family?
Ans. Wife and two children.
Q6 Is there any other criminal case pending against you in any court?
Ans. No. Q7 Have you been previously convicted of same offence by any court?
Ans. No. Q8 Have you received the copy of charge sheet in the present case?
Ans. Yes.
Q9 Have you gone through the documents filed against you by the 2 prosecution?
Ans. My lawyer has gone through the documents and has explained the same to me.
Q10 What is the case against you as you understand? Ans. It is alleged against that I alongwith coaccused persons had caused injury to complainant/injured presons as mentioned in the chargesheet.
Q11 Who has made you understand about your case? Ans. My lawyer has explained and discussed the same with me.
Q12 Who has apprised you about the provisions of Plea Bargaining: Your lawyer, Prosecution, Jail inmate or authorities or some body else Ans. My lawyer has apprised me about the provisions of Plea Bargaining.
Q13 Do you know the contents of the application as well as affidavit filed by you ?
Ans. Yes, I know the contents of the application as well as affidavit filed by me.
Q14 Have you filed the application voluntarily without any force, fear or coercion?
Ans. Yes, application has been filed voluntarily and without any force, fear or coercion by me.
Q15 Has any body coerced/induced you to enter into Plea Bargaining ?
Ans. No, nobody has coerced or induced me to enter into Plea Bargaining.
Q16 Do you know that you are not bound to file the present 3 application and have a right of complete trial ? Ans. Yes, I understand that I am not bound to file the present application and I have a right of complete trial.
Q17 Do you know that in the process of Plea Bargaining you would be asked to participate in Mutually Satisfactory Disposition of the present case in which the complainant/victim will also be a party ? Ans. Yes, I understand that I shall be asked to participate in Mutually Satisfactory Disposition of the present case in which complainant will also be a party.
Q18 Do you understand that by resorting to Plea Bargaining, you will forgo your right to trial, right to confront the complainant/victim, right to bring witnesses in your defence and right to be convicted by proof of your guilt beyond all reasonable doubt. Ans. I understand that by resorting to Plea Bargaining, I will forgo my right to trial, right to confront the complainant/victim, right to bring witnesses in my defence and right to be convicted by proof of my guilt.
Q19 Do you understand that in the process of Plea Bargaining, you will have to admit your guilt and plead guilty of the offence alleged to have been committed by you?
Ans. Yes, I understand that in the process of Plea Bargaining, I will have to admit my guilt and plead guilty of the offence alleged to have been committed by me.
Q20 Are you aware that you are not bound and can not be compelled to make admission of your guilt? Ans. I am aware that I am not bound and can not be compelled to make admission of my guilt.
Q21 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may have to 4 pay compensation to the victim/injured/complainant as may be mutually agreed?
Ans. I know that I may be required to pay compensation to the complainant/victims as may be mutually agreed. Injured/complainant are my neighbour and we have settled the matter.
Q22 Do you also understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, you may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one forth of the minimum sentence as prescribed under the law ? Ans. Yes, I understand that as a result of Plea Bargaining culminating into Mutually Satisfactory Disposition, I may be dealt with as per the provision of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one fourth of the minimum sentence as prescribed under the law.
Q23 Do you understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment ? Ans. Yes, I understand that judgment delivered by the Plea Bargaining Judge in terms of Mutually Satisfactory Disposition shall be final and no appeal shall lie in any court against such judgment.
Q24 How long have you been in judicial custody in this case? Ans. About 78 months.
Q25 Do you want some time to think about this course of action? Ans. No, I do not require time to think as I have already made up my mind.
Q26 Do you want to proceed with your application for Plea Bargaining? Ans. Yes.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Statement of Sh. Joginder Singh Malik, Ld. Substitute PP for State.
Without SA:
On behalf of the State, I agree to the conviction of the accused persons and pray that they may be dealt with suitably as per the mutually satisfactory disposition settled between the parties. As per the facts collected during investigation, all the accused persons may be sentenced as per law.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) Rohini Courts: Delhi: 15.11.2014 State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Statement of Retired SI Krishan Kumar, IO of the case.
On SA:
As per record, all the five accused persons are not previously convicted in respect of offences u/s 147/149/452/308/325/506 IPC in any other case. I agree to conviction of the accused persons and pray that they be dealt with suitably as per the mutually satisfactory disposition settled between the parties. As per the facts collected during investigation, the said accused persons may be sentenced as per law.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) Rohini Courts: Delhi: 15.11.2014 State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Joint statement of complainant/victims namely :
1. Mamta w/o Raj Kumar
2. Keshav S/o Maan Singh
3. Lata W/o Ram Kumar
4. Vandana W/o Kamta Nand
5. Dharmo Devi W/o Kanwar Singh
6. Raj Kumar S/o Maan Singh
7. Ajay Kumar S/o Maan Singh
8. Ram Beti W/o Maan Singh
9. Shanti W/o Hoti Lal ON SA: We are the complainant/injured in the present case. We have compromised the present matter with all the five accused persons as per the MSD. According to said MSD, the accused persons have agreed to pay a compensation amount of Rs.
2,50,000/ (in total out of which Rs. One Lakh & Twenty Thousand in Cash and Rs. One Lakh & Thirty Thousand through cheque bearing no.800748, dated 02.12.2014, drawn on PNB) to us and we have no objection in case the lenient view is taken by the Court as regards the imposition of sentence upon them. We have agreed to this disposition voluntarily and without undue influence, fear or coercion from any quarter. We pray to this court to take a lenient view against the said 2 accused persons as they are our neighbourers and we all are residing in the same locality. We further submit that we will distribute the aforesaid compensation amount received by us ourselves and there is no dispute in that regard.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) Rohini Courts: Delhi: 15.11.2014
1. Mamta w/o Raj Kumar
2. Keshav S/o Maan Singh
3. Lata W/o Ram Kumar
4. Vandana W/o Kamta Nand
5. Dharmo Devi W/o Kanwar Singh
6. Raj Kumar S/o Maan Singh
7. Ajay Kumar S/o Maan Singh
8. Ram Beti W/o Maan Singh
9. Shanti W/o Hoti Lal State Vs. Babloo Etc. FIR No. 262/08 PS Aman Vihar U/s 147/149/452/308/325/506 IPC Joint statement of accused persons namely :
1. Babloo S/o Surender Jha
2. Subhash S/o Sona Lal
3. Krishan S/o Sona Lal
4. Rinku Yadav S/o Attar Singh
5. Arjun Jha S/o Surender Jha Without Oath:
We voluntarily plead guilty to the offences U/s 147/149/452/308/325/506 IPC. We pray for a lesser sentence. We have compromised the present matter with the injured/complainant persons as per the MSD. According to said MSD, we have agreed to pay a compensation amount of Rs. 2,50,000/ (in total out of which Rs. One Lakh & Twenty Thousand in Cash and Rs. One Lakh & Thirty Thousand through cheque bearing no.800748, dated 02.12.2014, drawn on PNB) to the complainant / victims as per MSD and all the victims/complainant as mentioned in MSD shall have no objection in case the lenient view is taken by the Court as regards the imposition of sentence upon us. We fully understand that on basis of our plea of guilt, the Court may award sentence for the offences as per law and that in case we commit default in compliance with the conditions of the settlement and/or undertaking given, the Court may 2 enforce the same by imposing sentence in default, we have agreed to this disposition voluntarily and without undue influence, fear or coercion from any quarter.
RO & AC (Rajesh Kumar Goel) Additional Sessions Judge: 05 (North) Rohini Courts: Delhi: 15.11.2014
1. Babloo S/o Surender Jha
2. Subhash S/o Sona Lal
3. Krishan S/o Sona Lal
4. Rinku Yadav S/o Attar Singh
5. Arjun Jha S/o Surender Jha