State vs . Anand Etc. on 28 May, 2019

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Delhi District Court

State vs . Anand Etc. on 28 May, 2019

State Vs. Anand Etc.
FIR No. 361/2017
PS Alipur
U/s 308/34 IPC

Questions put to accused Anand S/o Sh. Chandru, who has been examined in
camera {Section 265B(4) Cr.P.C.}.
Q1 What is your name?
Ans. Anand

Q2 What is your father's name?
Ans. Late Sh. Chandru

Q3 What is your age?
Ans. 55 years.

Q4 What is your educational qualification?
Ans. I have studied upto 8th class.

Q5 Who are there in your family?
Ans. My wife, three daughters and one son.

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 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 me that I alongwith coaccused persons had caused injury to
complainant namely Purshottam with iron rod and dandas.

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 ?
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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 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.
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Q21 Do you also understand that as a result of Plea Bargaining 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 as may be
mutually agreed. Injured was 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 was not in custody 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 (Ashutosh Kumar)
Additional Sessions Judge: 04 (North)
Rohini Courts: Delhi: 28.05.2019
State Vs. Anand Etc.
FIR No. 361/2017
PS Alipur
U/s 308/34 IPC

Questions put to accused Milan S/o Sh. Anand, who has been examined in
camera {Section 265B(4) Cr.P.C.}.
Q1 What is your name?
Ans. Milan

Q2 What is your father's name?
Ans. Sh. Anand

Q3 What is your age?
Ans. 22 years.

Q4 What is your educational qualification?
Ans. I have studied upto 12th class.

Q5 Who are there in your family?
Ans. My parents and three sisters.