STATE Vs. SURENDER SAINI AND ORS.

JUDGEMENT

(1.) The present appeal on behalf of the State is directed against the judgment and order of acquittal dated 05.03.2012 passed by the Additional Sessions Judge-cum-Fast Track Court (Central), Tis Hazari Courts, New Delhi in Sessions Case No.98/2009 (reference FIR No.138/2008 PS Pahar Ganj) whereby the Respondents have been acquitted of the charges under Sections 302/364A/34 of the Indian Penal Code ("IPC" for short).

(2.) The Respondents, employees of Oxford Management Services, a Recovery Agency associated with HSBC Bank, had been chargesheeted and tried for the offence of killing Sajauddin (deceased), another employee of Oxford Management Services, who, for the last 5 months had been working as a field operator in the team of one of the Respondents namely Surender Saini (Respondent No.2). Vikas Mendiratta, owner of the aforesaid Oxford Management Services was also made an accused but was declared a proclaimed offender.

(3.) According to the FIR (Ex.PW.25/A), registered on the statement of one Harvinder Singh Sodhi (PW.5), on 13.05.2008 a telephone call was received by Surender Saini (Respondent no.2) from Noida Branch of HSBC Bank intimating that Rs.22,000/-, for which receipt was issued by Oxford Management Services, had not been paid to the bank. The receipt was purportedly issued by the Sajauddin (deceased). This information was given to Vikas Mendiratta, the proprietor of Oxford Management Services, on telephone, who instructed for calling Sajauddin (deceased) in the office of Oxford Management Services. At about 4 pm, Ajay Kumar (PW.2), another employee of Oxford Management Services also came to the office and started working. The personal belongings of Sajauddin were searched and he was threatened of dire consequences in case he did not return the money. On the instructions of Vikas Mendiratta (P.O.), the Respondents made Sajauddin sit in the office till he arrived to speak with him. After about sometime, the deceased expressed his urge to urinate. He was taken to the bathroom by the aforementioned Respondents. Sajauddin did not come out of the bathroom for longer than the expected time. In the meanwhile, there was a commotion and a huge crowd had gathered on the ground floor, beneath the office building as a person had fallen down from the building. PW.5 had stated that in fact Sajauddin had fallen down from the third floor and had suffered serious injuries. Ajay Kumar Suneja (PW.2) also came and Harvinder Sodhi (PW.5) and aforesaid Ajay Kumar Suneja (PW.2) took Sajauddin to Ganga Ram Hospital. It was specifically alleged by PW.5 that the Respondents, had on the instructions of Vikas Mendiratta, kept Sajauddin (deceased) confined in the office for some time and made him sign a few papers.