Delhi District Court
State vs . Charan Singh on 1 June, 2011
1
IN THE COURT OF SH. SUSHANT CHANGOTRA
METROPOLITAN MAGISTRATE
DWARKA COURTS, NEW DELHI.
STATE Vs. Charan singh
P.S.: J P Kalan
U/s: 279/337/338 IPC
JUDGMENT
1 FIR No. : 137/2000
2 Date of Institution : 30.04.2001
3 Name of the accused, and
his parentage and residence : Charan Singh s/o
Sh. Parbhu Ram,
R/O Village Khera
Mural PO Suthana
Distt. Rewari,
Haryana
4 Date when judgment : 1.06.2011
was reserved
5 Date when Judgment : 1.06.2011
was pronounced
6. Offence Complained of : u/s 279/338 of IPC
7. Plea of accused : Pleaded not guilty
8. Final Judgment : Acquitted in u/s
337/338 of IPC but
convicted u/s 279
IPC
FIR No. 137/00
2
9. Present : APP for the state.
Accused is present on bail along
with counsel
BRIEF STATEMENT OF REASONS FOR THE DECISION OF THE CASE: 1 The case of the prosecution in brief is that on 4.11.2000 on receipt of DD No.28 B regarding accident H C Satya Parkash alongwith Constable Paramjeet singh went on government motorcycle to the spot i.e Village Pandwala Kalan, in front of house of Gajraj Yadav and found one truck bearing No. DL 1GA 3963 and scooter No. DL 9SC9591 lying in accident condition. They came to know that the injured has been taken to an unknown hospital on a private vehicle. Then, on receipt of DD No. 38 B through constable Satbir Singh IO went to RTRM hospital after leaving Constable Paramjeet on the spot . On reaching the hospital injured Harender Kumar was found admitted vide MLC No. 483/00. He gave his statement that he was bringing his mother back from the house of his maternal uncle from village Baupur. As they were coming to village Pandwala on the scooter no. DL9SC9591, at about 4 P.M as they reached in front of house of Gajraj, one truck no. DL 1GA3963 came from the side of Village Pandwala and driver of the truck while turning his truck in rash and negligent manner at Mor hit his scooter due to which his scooter fell between front and back wheel of the truck. He and his mother fell down on the FIR No. 137/00 3 other side and received injuries . He took his mother to Ortho plus hospital in a private vehicle. The driver of the truck came down and told his name as Charan Singh. On the basis of this statement, FIR u/s 279/337 IPC was registered. 2 Thereafter, IO conducted procedural investigation i.e prepared site plan, seized both the vehicles arrested the accused, got the vehicles mechanically inspected , got the spot photograhed and recorded statement of the witnesses and as per result of the MLC, offence u/s 338 IPC was added and then the challan against the accused was filed.
3 Copies of charge sheet were supplied to the accused in compliance of section 207 cr.p.c. Notice u/s 279/337/338 IPC was framed on 04.09.02 by my ld. predecessor against the accused to which he pleaded not guilty. 4 In order to prove the guilt of the accused, the prosecution examined five pws. On 01.06.2011 complainant injured Harinder Kumar and Savitri Devi appeared and deposed that they have forgiven the accused as they came to know that the accused is suffering from paralysis. On the other hand, accused pleaded guilty for the commission of offences and prayed for lenient view as he is suffering from paralysis in the lower part of his body. His statement was also recorded to this effect on 01.6.2011.
FIR No. 137/00 4 5 In view of the submissions of the complainant and injured that they have forgiven the accused as the accused is suffering with paralysis, the offeice U/S 337 & 338 IPC were compounded. Accordingly the accused is acquitted of aforesaid charges.
6 However, in view of statement of accused wherein he has pleaded guilty voluntarily, the accused is convicted u/s 279 IPC. Let he be heard on quantum of sentence. Let he be heard on quantum of sentence. Announced in open court (Sushant Changotra) On 1st June, 2011 Metropolitan Magistrate Dwarka Courts, New Delhi FIR No. 137/00 5 IN THE COURT OF SH. SUSHANT CHANGOTRA METROPOLITAN MAGISTRATE DWARKA COURTS, NEW DELHI.
STATE Vs. Charan singh P.S.: J P Kalan U/s: 279/337/338 IPC FIR No.137/00 01.07.2011 Order on sentence.
Present. APP for the state
Accused with counsel.
Heard on the point of sentence.
Ld. APP has argued that as the accused has pleaded his guilt voluntarily for the offences, therefore, maximum punishment should be awarded to him. On the other hand, accused states that he is facing trial since 2000 and is suffering from paralysis and prays for lenient view.
I have considered the arguments . I am of the considered view that ends of justice would be met if the accused is sentenced to pay fine of Rs.1000/ for commission of offence u/s 279 IPC. In default of payment of fine, he shall suffer SI for five days. Fine paid. Copy of judgment be given to the accused free of cost. Bail bond and surety bond stand cancelled. File be consigned to Record Room. Announced in open court (Sushant Changotra) On 1st June, 2011 Metropolitan Magistrate Dwarka Courts, New Delhi FIR No. 137/00