Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI
C.C.No. 1816/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 18/04/2018
2 Name of the complainant : The State, ( Bandra Police Stn)
3 Name, age, Parantage, Place of
residence of accused
: 1. Ramgulam Uttamlal Chaudhari
Age : 51 years.
R/o : Baiya Wadi, Sai Nagar, S.V.
Road, Jogeshwari (W), Mumbai.
2. Atul Ashok Patil
Age : 51 years.
R/o : DR2, Ram Mandir Road, S.V.
Road, Jogeshwari (W), Mumbai.
4 Particulars of offence : U/sec. 285, 336, 34 of the Indian
Penal Code
That, on 18/04/2018 within the jurisdiction of Bandra Police Station,
you accused preparing food by using gas shegdi on open place at a public place
so rashly or negligently as to endanger human life or to be likely to cause hurt
or injury to any person and thereby committed an offence punishable u/sec.
285, 336 r/w 34 of the Indian Penal Code and within my cognizance.
And I hereby direct that, you be tried by the said Court on the said charge.
Mumbai, dated 19th day of April, 2018.
PLEA OF THE ACCUSED
Q.1 : Have you understood the charge now framed and explained to you?
Ans : Yes
Q.2 : Have you received the copy of the chargesheet in this case?
Ans : Yes
Q.3 : Do you plead guilty to the charge?
Ans : Yes
Before me,
Sd/
(R. S. Sarkale)
Metropolitan Magistrate, Signature of Accused
12th Court, Bandra, Mumbai.
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JUDGMENT ON ADMISSION
( Delivered on 19th day of April, 2018 )
1] Today, accused no.1. Ramgulam Uttamlal Chaudhari and no.2.
Atul Ashok Patil are present with his advocate before the Court. They had
voluntarily moved an application to plead guilty, which is accepted. The
particulars of offence is framed against the accused for the offence punishable
u/sec. 285, 336 r/w 34 of the Indian Penal Code. They pleaded guilty
voluntarily to the said charge, in spite of its consequences are explained to
them by this court, in vernacular. Hence, I hold the accused guilty for the
offence punishable u/sec. 285, 336, 34 of the Indian Penal Code. Today they
have filed application stating that they want to plead guilty without fear and
voluntarily, so accepted.
2] The accused are heard on the point of sentence. They submitted
that, they are not habitual offender and their families are depending upon
them, and hence, leniency may be shown while awarding the sentence.
Considering the submission of accused, nature of offence. So, I think that,
following sentence will meet the ends of justice. Hence, the following order :
O R D E R
1. Accused no.1. Ramgulam Uttamlal Chaudhari and no.2. Atul Ashok
Patil are convicted vide section 252 of Criminal Procedure Code for the
offence punishable u/sec. 285 r/w 34 of the Indian Penal Code. They
are sentenced to suffer Simple Imprisonment till rising of the Court and
to pay fine of Rs. 1,000/ (Rs. One Thousand Only) each in default
they are sentenced to suffer Simple Imprisonment of 8 (Eight) days
each.
2. They are further convicted vide section 252 of Criminal Procedure Code
for the offence punishable u/sec. 336 of the Indian Penal Code. They
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are sentenced to suffer simple imprisonment till rising of the Court and
to pay fine of Rs. 250/ (Rs. Two Hundred fifty only) each in default
they are sentenced to suffer Simple Imprisonment of 2 (Two) days
each.
3. The muddemal property i.e. gas cylinder and shegdi be returned to the
accused, as per rules.
4. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Sd/
Date : 19/04/2018
( R. S. Sarkale )
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
aas
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