The Mumbai Sessions Court at Dindoshi recently imposed a sentence of 5-year rigorous imprisonment on a man who hurled an iron flute at a judge inside a court room (State v. Omkarnath Pandey)..Accused Omkarnath Pandey had pleaded guilty to throwing the iron flute at a sessions judge which ended up hitting the Stenographer.He was accused of using criminal force and voluntarily causing hurt to deter a public servant from discharging his duty under the Indian Penal Code. He was also accused of cheating by impersonating a lawyer, after he wore a black coat and white band when he entered the court..The matter was listed for framing of charges, Pandey was initially not produced in Court because of COVID pandemic. The accused applied to the Sessions Court to produce him in Court at the earliest so that he can plead guilty. .After Pandey appeared before Additional Sessions Judge YK More, he reiterated that he seeks to plead guilty forfeiting his right to trial.Pandey submitted that the incident occurred because he was mentally tense because of murder of his younger brother. He said that he had realised his mistake and should be granted liberty to reform..The Sessions Court however refused to grant leniency in the sentence despite his guilty plea."The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong," the Court stated..The Court observed that considering the spot of the offence which was a courtroom and the criminal act, it seemed clear there was an intention to assault the judge of the court and to prevent him from discharging his duty. Pandey was sentenced to 5 years rigorous imprisonment which also included 3 years for causing hurt to the stenographer. Pandey was also directed to pay ₹6000 as penalty. Out of said amount ₹5000 has to be paid to the stenographer, the Court ordered..[Read order]
The Mumbai Sessions Court at Dindoshi recently imposed a sentence of 5-year rigorous imprisonment on a man who hurled an iron flute at a judge inside a court room (State v. Omkarnath Pandey)..Accused Omkarnath Pandey had pleaded guilty to throwing the iron flute at a sessions judge which ended up hitting the Stenographer.He was accused of using criminal force and voluntarily causing hurt to deter a public servant from discharging his duty under the Indian Penal Code. He was also accused of cheating by impersonating a lawyer, after he wore a black coat and white band when he entered the court..The matter was listed for framing of charges, Pandey was initially not produced in Court because of COVID pandemic. The accused applied to the Sessions Court to produce him in Court at the earliest so that he can plead guilty. .After Pandey appeared before Additional Sessions Judge YK More, he reiterated that he seeks to plead guilty forfeiting his right to trial.Pandey submitted that the incident occurred because he was mentally tense because of murder of his younger brother. He said that he had realised his mistake and should be granted liberty to reform..The Sessions Court however refused to grant leniency in the sentence despite his guilty plea."The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong," the Court stated..The Court observed that considering the spot of the offence which was a courtroom and the criminal act, it seemed clear there was an intention to assault the judge of the court and to prevent him from discharging his duty. Pandey was sentenced to 5 years rigorous imprisonment which also included 3 years for causing hurt to the stenographer. Pandey was also directed to pay ₹6000 as penalty. Out of said amount ₹5000 has to be paid to the stenographer, the Court ordered..[Read order]