NEERAJ GUPTA Vs. STATE OF DELHI

JUDGEMENT

(1.) This Revision Petition is directed against the order on charge dated 14.10.2005 passed by the learned Additional Sessions Judge against the petitioner for having committed an offence punishable under Section 306 of the Indian Penal Code. The charge against the petitioner is that on 22.7.2004 at 1.30 p.m. at the house of Satpal, Harijan Basti, Rangpuri, the petitioner had abeted in the suicide committed by Vivekananda Pandey and thereby committed an offense under Section 306 IPC.

(2.) The brief facts as indicated in the charge sheet are that on 22.7.2004 on receiving DD No. 48A, S.I. Ziley Singh along with constable Dhan Singh went to the spot at the house of Satpal at Ranagpuri, where one man had committed suicide whose name was found to be Vivekanand Pandey. It is indicated in the charge sheet that on searching the body of the dead man one suicide note was found in which the present petitioner (Neeraj Gupta) was mentioned as being responsible for the suicide. On 22.7.2004, the deceased Vivekanand Pandey's wife did not give any statement as she was in a state of shock. The Postmortem examination was conducted on 23.3.2004 On 24.7.2005 Smt. Mithlesh Pandey, wife of the deceased, came to the police station and got her statement recorded. In her statement, it is indicated that she and her husband, the late Vivekanand Pandey, knew Neeraj Gupta for the last about two years and that Neeraj Gupta use to visit their house. He allegedly used to tell her husband that he would get a hotel for him and also construct a house and requested Vivekanand Pandey to stop the work of gas supply. It is further stated by Smt Mithlesh Pandey that her husband had taken loans from various people and gave the money to Neeraj Gupta for the setting up of the said hotel and for the construction of a house. It is further stated by her that Neeraj Gupta was unable to get the hotel opened for her husband. The creditors from whom her husband had taken loan use to come to their house demanding the return of their money. She stated that her husband was very upset as, on the one hand, Neeraj Gupta had refused to return the money which was taken by him and, on the other hand, there was a constant pressure of the creditors demanding money from her husband again and again. Her husband became extremely upset and was under depression for several days and ultimately committed suicide on 22.7.2004

(3.) The suicide note recovered by the police in this case also indicates that the deceased Vivekanand Pandey was upset with the present petitioner. The suicide note (English Translation) is to the following effect:-