Delhi District Court
State vs . 1) Uday Pal on 24 August, 2011
IN THE COURT OF SH. SAURABH PRATAP SINGH LALER
METROPOLITAN MAGISTRATE-06 (East), KARKARDOOMA
COURTS, DELHI.
FIR NO. 40/11
PS: Preet Vihar
Offence complaint of : 379/411/34 IPC
Date of commission of offence : 6.3.2011
Unique Case ID No. : 02402R0135932011
STATE Vs. 1) Uday Pal
S/o Raghubir
R/o J- 306, Dakshinpuri,
PS Ambedkar Nagar, Delhi.
Raj Kumar Bhardwaj
S/o Bhagwan
R/o A-II, 131, Madangir, PS Ambedkar Nagar,
Delhi ............. Accused
Om Prakas Manak ............. Complainant
Date of Institution : 3.5.2011
Plea of accused : Pleaded guilty
Date of reserving judgment/order : 24.8.2011
Date of pronouncement : 24.8.2011
Final Order : Convicted
BRIFE STATEMENT FOR THE REASONS FOR DECISION:
The case of the prosecution is that 6.3.2011 at near Bhatipura
FIR No. 40/11 State Vs. Uday Pal & Anr. 1/1
Mor, in front of Mullah Islamuddin Ki Lakari Ki Tal, in the side of Mau
Khas Road, Meerut both the accused persons were found in joint
possession of a stolen Mahendra Bulero bearing No. DL 7CK 3352 in
furtherance of their common intention, knowing or having reason to believe
the same to be stolen from the area of PS Preet Vihar and belonging to
complainant Om Prakash Manak and thereby both the accused persons
committed an offence punishable u/s 411 IPC.
On the basis of above facts an FIR No. 40/11 was registered in
the PS Preet reet Vihar against the accused U/s 411/34 IPC.
Statement of witnesses were recorded, site plan was prepared,
the accused was arrested and after completion of all necessary investigation
challan U/s 173 Cr. P.C was presented in the court for trial on 3.5.2011.
2. Both the accused were produced from judicial custody before
the Court to face the trial. On appearance, copy of the charge sheet, as
required under section 207 Cr. PC, was supplied to the accused. Thereafter
case was fixed for consideration on charge.
3. On hearing arguments and on perusal of record, prima facie
charge for the offence under Section 411/34 IPC was made out against the
both the accused persons. Accordingly charge was framed against the
accused persons on 4.7.2011. Thereafter case was fixed for prosecution
evidence.
4. Today accused Uday Pal filed an application submitting that he
FIR No. 40/11 State Vs. Uday Pal & Anr. 2/2
wants to plead guilty for the offence committed by him. Accused submitted
that he wants to plead guilty for the offence committed by him voluntarily
without any pressure, coercion and inducement. The statement of the
accused to this effect has been recorded today itself.
5. I have heard the Ld.APP for the state and Ld. Defence counsel
and have also carefully perused the entire record and the relevant
provisions of the law.
6. In view of plead guilt of the accused, I am left with no option
but to convict accused. Accordingly, accused Uday Pal is convicted for the
offence u/s 411/34 IPC.
Let accused be heard on point of sentence at 2.00 PM.
Announced in the open Court
on 24.8.2011
(S.P.S. Laler)
Metropolitan Magistrate
KKD, Delhi
FIR No. 40/11 State Vs. Uday Pal & Anr. 3/3
IN THE COURT OF SH. SAURABH PRATAP SINGH LALER
METROPOLITAN MAGISTRATE-06 (East), KARKARDOOMA
COURTS, DELHI.
FIR NO. 40/11
PS: Preet Vihar
Offence complaint of : 379/411/34 IPC
Date of commission of offence : 6.3.2011
Unique Case ID No. : 02402R0135932011
STATE Vs. 1) Uday Pal
S/o Raghubir
R/o J- 306, Dakshinpuri,
PS Ambedkar Nagar, Delhi.
Raj Kumar Bhardwaj
S/o Bhagwan
R/o A-II, 131, Madangir, PS Ambedkar Nagar,
Delhi ............. Accused
Om Prakas Manak ............. Complainant
ORDER ON SENTENCE
1.I have heard on the quantum of sentence from the both sides and given thought to the relevant provisions of law.
2. It is submitted on behalf of the State that severe punishment may be imposed upon the convict as such type of offence may be banned in the society.
3. On the other hand, it is submitted on behalf of the convict that a FIR No. 40/11 State Vs. Uday Pal & Anr. 4/4 lenient view be taken against him as he belongs to a poor family.
4. Taking into consideration the totality of the facts and circumstances of the case, convict Uday Pal is sentenced to undergo SI for a period of six months. Benefit of Section 428 Cr.PC. be given to the accused.
Announced in the open Court on 24.8.2011 (S.P.S. Laler) Metropolitan Magistrate KKD, Delhi FIR No. 40/11 State Vs. Uday Pal & Anr. 5/5 FIR No. 40/11 PS Preet Vihar 24.8.2011 Present:- Ld. APP for State.
Both the accused produced from J/C. PW2 Ct. Manish Kumar is examined, cross-examined and discharged. No other PW is present.
Accused Uday Pal filed an application submitting that he wishes to plead guilty for the offfence committed by him voluntarily without any pressure, force, coercion and undue influence. Heard. Let statement of the accused be recorded. Statement recorded.
Vide separate judgment, accused Uday Pal is convicted for the offence u/s 411/34 IPC and sentenced to undergo SI for a period of six months. Benefit of Section 428 Cr.PC. be given to the accused.
Convict Uday Pal be released from J/C forthwith if not wanted in any other case.
Put up for PE on 5.9.2011 for accused Raj Kumar.
(S.P.S. LALER) MM(EAST)/KKD/DELHI 24.8.2011 FIR No. 40/11 State Vs. Uday Pal & Anr. 6/6