Proposition for Plea Bargaining Competition, 2024

In the city of Madurai, there were two groups of college students who
were previously acquainted with each other through common friends and
college events. These groups often had minor disagreements and scuffles in the
past due to personal differences and rivalries. The members of these groups
knew each other by name and reputation, but tensions between them had been
brewing for some time. On a particular night, these tensions escalated when
members from both groups happened to meet outside the Seventh Cloud Club, a
popular hangout spot for young adults in the city. The encounter started with
heated exchanges and verbal confrontations, which quickly spiralled into a
physical altercation when weapons, including pistols and swords, were brought
into play.
The altercation resulted in serious injuries to several members of both
groups, leading to the intervention of bystanders who called the police. As a
result, FIRs were filed against all individuals involved in the incident, and they
were subsequently arrested by the Karimedu Police. Later on they were released
on bail by the court concerned. As the dust settled, the boys found themselves
facing the daunting consequences of their actions. Charges were framed by the
court under various sections of the Indian Penal Code, including Sections 323,
(Simple hurt) 325, (Grievous hurt) 335 (Voluntarily causing grievous hurt on
provocation), 504, ( intentional insult with intent to provoke breach of peace)
506 (Criminal Intimidation), 147 (Punishment for rioting), 148 (Rioting, armed
with deadly weapon), and 149 (Every member of unlawful assembly guilty of
offense committed in prosecution of common object) , as well as Sections 25 (1)
(b) and 27 (Punishment for using arms) of the Arms Act, and now their future
hangs in the balance.
Now, these college students find themselves facing legal charges under
various sections of the Indian Penal Code and the Arms Act due to their
involvement in the violent altercation outside the club. They are set to undergo
trial in the Court of Chief Judicial Magistrate, Madurai, where they will have
the opportunity to present their cases and engage in plea bargaining as abiding
by the procedures provided in section 265A-265L of the Code of Criminal
Procedure Act, 1973 to expedite the legal proceedings and reach a resolution.
Brief summary of the FIRs
FIR No. 29/2024 was lodged by the complainant Iravan Sastry at the Karimedu
police station, Madurai that he was coming to his house from Karimedu along
with his friends Karthik Mani and Ravi Chandran, then at Bypass Road he met
Md. Faris, Rishi Pandiyan, Ami Pandiyan, Max and their 3-4 associates,
stopped him and started beating him unanimously without saying anything. Md.
Faris, with the intention of hurting Iravan Shastri, fired two shots from his pistol
in the air; he moved his left hand forward to protect himself, due to which one
bullet hit the palm of his left hand, the rest passed nearby. His friend Ravi
Chandran was hit by Rishi Pandiyan with a sword, which hit him above the
elbow of his left hand and Max and all the other people beat Kalu with punches
and any sharp weapon, due to which he suffered injuries on the front, back of
the torso and left shoulder. Md. Faris, Ami and Max had pistols and Rishi
Pandiyan had a sword. All of them wanted to hurt and injure the complainant.
Hearing his screams, Ashvin Varma, Dheeraj Shetty, came and saved him;
otherwise all of them would have killed him. On the basis of the said FIR, crime
No. 29/2024 under Section 323, 325, 335, 504, 506, 147, 148, 149 of IPC and
Section 25/27 of Arms Act was registered at the Karimedu Police Station,
Madurai and the matter was taken up for investigation. After complete
investigation, the case was registered against the accused when the charge sheet
was submitted before the court of Chief Judicial Magistrate, Madurai under
Section 323, 325, 335, 504, 506, 147, 148, 149 of IPC and 25/27 of Arms Act.

FIR No. 30/2024 was lodged by the complainant Max (Accused in the FIR No.
29) against the accused Kamal Sastry, Iravan Sastry, Pranesh Sastry and Qadir
Ansari U/s 323, 325, 335, 504, 506, 147, 148, 149 of the IPC and 25/27 of the
Arms Act for the allegations that the accused Kamal Sastry and Iravan Sastry
and others were creating nuisance by fighting and making noise. When
complainant approached them, he saw that Pranesh Sastry had a sword in his
hand, Kamal Sastry had a pistol in his hand and Iravan Sastry also had a pistol
in his hand. Pranesh Sastry stabbed the complainant with a sword hitting him on
the left hip and Kamal Sastry fired a bullet in the air which passed near the right
shoulder of the complainant. The Victim Bhupesh was shot in the knee and the
victim Rishi Pandiyan has been hit on the his left wrist by a sword and on the
outside of his right paw. Rameshwara, Manik and Md. Faris had come on the
spot and saved the complainant along with the other victims and took them to
the hospital where treatment was given to them.

Instructions for the competing teams

1. The each accused student will file an application for plea bargaining and
his affidavit in support thereof as required for the procedure of Plea Bargain to
start and expedite the trial under the supervision of the presiding officer of the
court and also establish the grounds for this situation to be considered for Plea
Bargaining.
2. The summary of FIRs filed by both the parties is provided for the perusal
of the competing teams.
3. The mutual satisfactory disposition of the case shall be drafted and filed
by all the teams separately.
4. The presiding officer of the court of Chief Judicial Magistrate will
prepare the report of mutual satisfactory disposition after its submission by the
four teams respectively.
5. Right of hearing shall be provided to the prosecution as well as defence
side on the quantum of punishment.
6. The presiding officer of the court of Chief Judicial Magistrate will
prepare the final judgment, which shall be pronounced in the open court. The
court will consider the option of releasing the accused persons after admonition
or of releasing them on probation of good conduct under section 360 Cr. P.C.,
Probation of Offenders Act, 1958, before passing of the sentence.
7. The sentence to be awarded by the court may be one-half of the minimum
sentences provided under the law.
8. The sentence to be awarded by the court may be one-fourth of the maximum
sentence provided under the law.
9. All the student members of all the respective teams are advised to go through
the provisions of section 265-A to 265-L of Cr.P.C., 1973 before appearing in
this competition.

Dated: 16-4-2024

Professor (Dr.) N. K. Bahl

Faculty coordinator
Plea Bargaining Competition
Department of Law, JIMSEMTC
Greater Noida, G. G. Nagar (UP)