1) Ganga Dev & Ors. vs State 28 (1985) Dlt 35. on 23 July, 2011

[Cites 15, Cited by 0]

Delhi District Court

1) Ganga Dev & Ors. vs State 28 (1985) Dlt 35. on 23 July, 2011

           IN THE COURT OF MS. R. KIRAN NATH
          ASJ 01, SOUTH DELHI, SAKET COURTS



                                                 S. C.  No. 246/09
                                                FIR No. : 480/05
                                               P.S. : Vasant Kunj
                                         U/S : 306/385/120 B IPC.




STATE 

Vs.

1.     Neerja Sharma
       W/o Shri Deepak Sharma
       R/o H. No. 522, Village Alipur
       Delhi.

2.     Roop Ram Sharma
       S/o Shri Ram Singh,
       R/o D13, Pitam Pura,
       Delhi.

3.     Anil Khetarpal
       S/o late Shri Ram Prakash Khetarpal
       R/o F47, Bali Nagar, New Delhi15.




FIR No. : 480/05            Page no. 1
 Date of Institution             :      10012006
Date of Judgment                :      23072011

J U D G M E N T

1. All the aforesaid three accused in this case have been charged with and have faced trial for having committed offences u/s 306/385/120 B IPC.

2. The case of the prosecution is that on 070805 DD no. 25A was made upon an information received in PS Vasant Kunj that a guest had checked into Hotel Star, Mahipalpur, a day before and now his dead body was hanging by the fan. The IO SI Zile Singh, along with other staff, reached the hotel and found that a man was hanging by the fan in Room no. 403 on the Second Floor. The crime team was called. The dead body was photographed. A Suicide note, copy of a FIR and a complaint were found lying in the room near the television. The complaint was dated 010805 and signed by the deceased. The name and address of the deceased was written on the suicide note. The family FIR No. : 480/05 Page no. 2 of the deceased was informed. The inquest proceedings were conducted. On 080805 the postmortem was got done, according to which the cause of death was asphyxia due to ligature hanging.

3. In the suicide note and the complaint found at the spot, all the three accused persons were named as having forced him to take this extreme step of suicide. The complaint was inquired into by the Vigilance Branch, PHQ and thereafter on the directions of the Commissioner of Police, Delhi, a case u/s 306/120B IPC was registered against the accused persons and it was directed that the same be investigated by a police officer of the rank of ACP. The FIR was registered on 240805 and lateron the investigation was handed over to ACP SIT Shri Ram Kishan. Besides the suicide note and the complaint dated 010805, the photocopy of an FIR no. 283/02 u/s 328/324 IPC, PSAshok Vihar was also found at the spot. Statement of the witnesses was recorded. After completing the investigations, the FIR No. : 480/05 Page no. 3 chargesheet was filed in the court against all the accused persons.

4. It was noted by the deceased in the suicide note that he had lived his life in an honest, upright manner with his head held high. As per the investigations it was revealed that the deceased was a Retd. Colonel and was working with NDPL as Head of Security Officer. It was mentioned in the suicide note by the deceased that in the month of March, a police officer (accused R.R. Sharma) had sent accused Neerja Sharma to his office for help and he treated her like his daughter. However, he was shocked when accused R.R. Sharma along with Neerja Sharma (accused) threatened him that he should marry Neerja Sharma, failing which they would get him implicated in a false case of abetment to suicide by Neerja Sharma.

5. He categorically narrated in the suicide note that on 300705 accused R.R. Sharma, who was an ACP at that time had rung him at around 6:14 pm when he FIR No. : 480/05 Page no. 4 was at Gurudwara Nanak Pio, and informed him that Neerja had taken poison and disconnected the call. Then at around 7:17 pm, Dr. Khetarpal (accused) called him from cellphone to apprise that Neerja Sharma had been admitted to his hospital and had taken some poison. The doctor had given him his number to the doctor and asked him to meet. Then he along with his wife visited the hospital but doctor Khetarpal did not allow him to meet her. Then on 020705, he rang him again from his mobile to meet Neerja Sharma. The suicide note further mentions that on 020705, Dr. Khetarpal again rang him from his mobile to meet Neerja Sharma in his capacity as doctor. He went to meet her with his wife and was again asked to marry her within half an hour which was not acceptable. Then on 010805, he was called by R.R. Sharma in his office where he was again asked to marry her otherwise he will be in the headlines in the newspaper. He further enumerates that he made a complaint to FIR No. : 480/05 Page no. 5 the Commissioner of Police to 010705 and the same was correct. He further noted that Neerja Sharma had falsely reported with the PSModel Town, that she along with accused Roop Ram Sharma had visited his house on 030705 when the deceased gave her some poison. He goes on to note that infact they had never visited his house and that he blamed all i.e. Neerja Sharma, R.R. Sharma and Dr. Ketharpal, for his death as they hatched preplanned conspiracy to blackmail him and destroy him. He further noted that on a chance meeting on 040705 at PSModel Town, Neerja had given another suggestion that he should legally adopt her as his daughter which fact shocked him. That he had taken this step to protect his honour as there was no other way out and that these three persons were responsible for his death.

6. It may be noted at this stage that the inquest proceedings were kept pending by the local police and FIR was not recorded as the wife of the deceased was FIR No. : 480/05 Page no. 6 not in a position to give any statement due to shock of her husband's death. The FIR was then registered on the recommendations of the Vigilance, PHQ where the inquiry was already been made in respect of the complaint dated 010805 which the deceased had made before committing suicide and receipted copy of which was found in the room where he committed suicide.

7. The investigations revealed that on 310705 at around 8.40 pm an information had been received from PCR to PSModel Town that one person was admitted in the Khetarpal hospital after having consumed some unknown substance. The DD no. 28A was registered on this information in PSModel Town. On this SI Kishan Lal had gone to Khetarpal hospital and found Neerja Sharma admitted there who was declared fit for statement but Neerja Sharma did not give any statement. As per the MLC there was "alleged history of oral consumption of unknown substance as per the FIR No. : 480/05 Page no. 7 patient statement" and had been diagnosed by the doctor as unknown poisoning. DD was kept pending.

8. On 020805 Neerja Sharma went to PSModel Town and gave a written complaint in Hindi to SI Krishan Lal in which she levelled allegations against the deceased H.S. Gill, whom she knew earlier, alleging that she had gone to the house of H.S. Gill on 310705 at around 5.00 pm. When she was about to leave she was offered cold drink and he asked her to stay little longer and when she took the said cold drink she started feeling heavy in her head. While she was trying to leave, it was alleged by her that H.S. Gill (deceased) tried to grapple with her with immoral intentions. She saved herself and sat in the three wheeler asking him to take to Khetarpal hospital.

9. The investigations further revealed that this information of Neerja Sharma having been admitted in the hospital on 300705 had been sent to H.S. Gill on 300705 on which the deceased and his wife had come FIR No. : 480/05 Page no. 8 to meet Neerja Sharma in the hospital. This made the allegations levelled by Neerja Sharma on 310705, to be more suspicious. The Khetarpal hospital was at a distance of about 10 to 12 kms from Model Town (residence of the deceased from where Neerja Sharma had hired the three wheeler).

10. SI Krishan Lal had further stated before the IO of this case that H.S. Gill (deceased) had come to the PS Model Town on 040805 at around 5.30 pm, along with one Dharamveer, who was Liaison Officer of NDPL (in relation to the complaint of Neerja Sharma on 020805) and had stated to him that Neerja Sharm had not come to his house that day and was only harassing and pressurizing him, black mailing him to extract fatsum from him. It is also the case of the prosecution as submitted in the chargesheet that Neerja Sharma had also come to the PS at that time (when the deceased was present on 040805) and took the deceased to separate room to talk and then started FIR No. : 480/05 Page no. 9 shouting and creating a scene over there, that she would have imprisoned him then and there itself.

11. SI Krishan Lal, further stated to the SHO that H.S. Gill had informed him that she demanded big sum of money at that time and on his refusal she started creating a scene. However, H.S. Gill left the PS stating that he will not give the statement in front of Neerja Sharma and Neerja Sharma kept shouting that he should be kept in lock up. He also stated that on 050805 H.S. Gill had come to the PS along with his wife and daughter and had discussed with the SHO, who found the allegations of Neerja Sharma to be false.

12. Shri Dharamaveer, the Liaison Officer, who had also accompanied the deceased to the PSModel Town on040805 had given his statement (u/s 161 Cr.PC) that in his presence Neerja Sharma had demanded from the deceased that he should marry her immediately in the Gurudwara or otherwise he should adopt her as her daughter or he should give her Rs.

FIR No. : 480/05 Page no. 10 40.00 lakhs. That the deceased had refused to accept any of her demands and had left.

13. The statement of the wife of the deceased was also recorded, in which she informed that her husband was the Retd. Colonel from the Indian Army and was working as Manager, Security and Enforcement with NDPL. She informed that Neerja Sharma had disclosed that she was dealing in gold jewellery, which she used to sell on installments; that her husband had informed her that Neerja Sharma had been referred to him by ACP R.C. Singh as there was some problem in her electricity bill for which he had asked him to help her. That Neerja Sharma had informed that her husband had left her and she had 17 years old son. She also stated to the IO that she was present with her husband at Gurudwara Nanak Pio, when her husband informed her that a call was received on his mobile from ACP R.R. Sharma that Neerja Sharma had consumed poison and he should immediately reach FIR No. : 480/05 Page no. 11 Khetarpal hospital. That when they were on their way to the hospital, call was again received from Dr. Khetarpal, who was asking her husband to come soon as they had not reported the matter to the police so far. When they reached hospital they found ACP R.R. Sharma, present there. Further, Dr. Khetarpal, told them that Neerja Sharma was admitted in ICU as her condition was bad and so they should come the next day so that the matter could be settled. She further told the IO that her husband had talked to R.R. Sharma and Dr. Khetarpal separately and had informed her on the way that they were both asking for fatsum to be given to Neerja Sharma. She further stated that ACP R.R. Sharma, had come to their flat on 310705 at around 4.30 pm, asking them to settle the matter with Neerja Sharma and make her the payment, to which her husband refused. She also stated that her husband had sent a complaint dated 010805 to the Commissioner of Police. That on the FIR No. : 480/05 Page no. 12 night of 010805 Neerja Sharma had telephoned her and again asked him to marry her or adopt her as her daughter or give her Rs.40.00 lakhs. That if he did not agree, she would make a false case against him of poisoning her and molesting her.

14. She further stated that Dr. Khetarpal had telephoned her husband on 020805 that Neerja Sharma was being discharged and he should come and talk to her. Hence, she and her husband had gone there and met Neerja Sharma in Room no. 209, where Neerja Sharma again repeated her demands, on which her husband rebuked her and they left.

15. On this statement provisions of Section 385 IPC were also incorporated in the FIR.

16. It is also the case of the prosecution that the investigations revealed that on 290705, ACP R.R. Sharma had gone to the Telephone Exchange Office, New Police Lines, Kingsway Camp. The statements of WHC Rani Solanki, the telephone operator and HC Raj FIR No. : 480/05 Page no. 13 Kumar was recorded. They also stated that ACP had come around 3.00 pm on 290705 with one woman aged about 35 years and Sardar aged about 55 years and that R.R. Sharma had told that Sardarji, was a big officer in NDPL and all three of them sat in a separate room of incharge and bolted the room from inside. They were served tea and those persons left at around 7.00 pm.

17. The investigations further revealed that Dr. Anil Khetarpal, was the owner of Khetarpal Hospital, F95, Bali Nagar and was working as surgeon in the said hospital. From the statements and the records of the hospital it transpired that Neerja Sharma was not admitted in the hospital on 300705. That the accused persons Dr. Anil Khetarpal and R.R. Sharma, had done this only to pressurize the deceased. The call details of mobile no. of Neerja Sharma, of Dr. Anil Khetarpal ( the landline no. of the hospital as also the mobile no. of the doctor) and R.R. Sharma, corroborated the FIR No. : 480/05 Page no. 14 factum of the calls made from these mobile phones to the phone of the deceased.

18. It is the case of the prosecution that mobile call details revealed that all the three accused persons were in touch with each other on the mobile phone. The mobile call details and the contents of the suicide note corroborated each and every allegation against the accused persons. That all three of them had conspired with the criminal intention to blackmail H.S. Gill (since deceased) and extort money from him.

19. It is the case of the prosecution that the investigations further revealed that as per the hospital record, Neerja Sharma had come to Khetarpal hospital on 300705 at around 8.00 pm and was attended by Dr. Shashi Bhushan Kumar Singh, who had given her prescription after diagnosing her mild depression/anxiety diagnosis. She was given medication for the same. The investigations further revealed that no OPD card was prepared in the name FIR No. : 480/05 Page no. 15 of Neerja Sharma. She had met Dr. Anil Khetarpal, directly after reaching there with R.R. Sharma; that as per the record a sum of Rs.7,940/ had become due to Neerja Sharma as payment towards her treatment on 300705 and 310705 to 020805, which she refused to pay stating that accused R.R. Sharma would come and pay the same. AND she was permitted to leave the hospital without paying the dues. This, according to the prosecution, again pointed to the involvement of these three accused to hatch this plan to blackmail the deceased and extort money from him.

20. The stomach wash of the accused Neerja Sharma taken at Khetarpal hospital on 310705 had been seized by the IO and sent to FSL. It was reported from the FSL that on examination the said exhibit was found to contain Alprazolom.

21. Supplementary chargesheet was filed against the accused Dr. Anil Khetarpal subsequently as he was not traceable earlier. It was alleged that the accused FIR No. : 480/05 Page no. 16 Neerja Sharma and R.R. Sharma, had hatched conspiracy with accused Dr. Anil Khetarpal, to pressurize the deceased and to extort money from him. That in furtherance of this conspiracy Dr. Anil Khetarpal had made a call to the deceased from his hospital telephone no. 25193344 on 300705, informing the deceased that Neerja Sharma had consumed poison and was admitted in the hospital in serious condition. It was alleged that Dr. Anil Khetarpal was hand in glove with accused Neerja Sharma and R.R. Sharma, in as much as he made calls to the deceased himself about the condition of Neerja Sharma, pressurizing him to come to the hospital to meet her on the pretext that she was seriously ill and admitted in the ICU. That the medical bills were not charged for and paid by the said Neerja Sharma for her treatment in the hospital from 310705 to 020805. That infact on 300705 when Dr. Anil Khetarpal had made a telephone call to the deceased about Neerja Sharma being admitted in the FIR No. : 480/05 Page no. 17 hospital in a serious condition, after having consumed poison, whereas on their reaching there, they found that she was not admitted.

22. The handwriting expert report on the suicide note and signature on the complaint was found to be positive (as that belonging to the deceased).

23. On the basis of allegations contained in the chargesheet, charge u/s 306/385/120 B IPC was framed against all the accused persons to which they pleaded not guilty and claimed trial.

24. To prove its case as above, the prosecution has examined 33 witnesses.

25. PW1 is Shri Girish Kumar, the receptionist at Hotel Star at Mahipalpur where the deceased had committed suicide. He testified that the deceased H.S. Gill had come to their hotel at around 12.30 pm on 060805 and taken a room. He took tea at the reception and then went to his room no. 403. However, next day he made a telephone call at around 12.30 pm FIR No. : 480/05 Page no. 18 to the said room to find out whether he wants to continue or leave but he got no reply. Even when he called again after half an hour. He then sent a waiter to check the room but there was no response. He informed the Supervisor who also ranged the door bell but there was no response. Another employee also tried the same and thereafter they all pushed the door with force so that the inside bolt was broken and he was informed that Shri H.S. Gill had hanged himself with the ceiling fan. Police was informed. He proved the arrival entry made by H.S. Gill in his own handwriting in their register of the hotel as Ex.PW1/A.

26. PW2 is Shri A.V.S. Chauhan, who was working as Security Officer in NDPL, where H.S. Gill was working as Head of the Security. He testified having given four pages having the handwriting of the deceased as Ex.PW2/A to Ex.PW2/D. The said documents were seized by the police vide memo Ex.PW2/E. He also testified that the police had shown FIR No. : 480/05 Page no. 19 him the laminated note on which he identified the handwriting to be that of H.S. Gill and the same was Ex.PW2/F.

27. PW3 is Shri Rajinder Singh, who knew accused Neerja Sharma as she was working with him in gold ornaments. He testified that he met accused Neerja Sharma through his friend Bablu and that he was having cordial relations with Neerja Sharma. That in December, 2004, there was a scheme of Tata Indicom that if one books five telephones at a time, he can have free talk time between those five connection. That he had taken the five connections. One connection having no. 9212246055 was given to Neerja Sharma, one connection was used by him and the other three were given to his relatives. That the number remained with Neerja Sharma till the incident had happened.

28. PW4 is Dr. Shashi Bhushan Kumar, who was working as a visiting consultant in Khetarpal Hospital. He testified that on 300705 he had received a call FIR No. : 480/05 Page no. 20 from the reception of Khetarpal Hospital at around 8.00 pm and had then gone to the hospital and met Neerja Sharma, who was not ready to talk to him and had told him that she was tensed and worried those days which had increased for the last two weeks but did not disclose the reason of her anxiety. So he prescribed her ESCITALOPRAM of 10 mg which is anti depression medicine on the OPD slip and had asked her to visit again if there was any problem. He further testified that on 310705 at around 1010.15 am he was again called to the hospital. He reached there around 11.00 am and found Neerja Sharma sitting there. He checked her and tried to inquire but she did not tell anything new. He told her to continue the same medicine which he had prescribed earlier.

29. PW5 is Dr. R.K. Sehgal, the Administrative Officer of Khetarpal Hospital, who had handed over a report Ex.PW5/A to the police during investigation about the patient Neerja Sharma.

FIR No. : 480/05 Page no. 21

30. PW6 is Shri Anu Anand, the Alternate Nodal Officer in Hutchison Essar Mobile Services. He testified that in reply to the inquiries of the crime branch, Shri Gulshan Arora, Nodal Officer had handed over seven pages of call details of the mobile phone of R.R. Sharma and one Ram Chander Singh vide the letter Ex.PW6/A and the call details were Ex. PW6/B1 to B7.

31. PW7 is Dr. Deepak Mathur, who was working in Safdarjung hospital at the relevant time and had testified that on 080805, on the orders of the CMO a Medical Board was constituted including him, Dr. Sarvesh Tandon and Dr. Gaurav Aggarwal, who conducted the postmortem on the dead body of H.S. Gill and as per examination the cause of death was asphyxia due to ligature hanging, antemortem in nature. Time since death was about two days. He proved the postmortem report as Ex.PW7/A.

32. PW8 is WHC Rani Solanki, who was on duty at FIR No. : 480/05 Page no. 22 the police exchange and had testified that on 290705 at around 3.00 pm she had received a call from ACP Roop Ram Sharma, who asked for HC Raj Kumar (Incharge of Exchange) since HC Raj Kumar was not there she gave his mobile number to the ACP. The ACP then informed her that his guests would come and he should tell HC Raj Kumar to take care of that guest. She further deposed that at around 3.45 pm one Sardarji of tall structure came there along with his wife and daughter. By that HC Raj Kumar had already reached there. He opened the house and made them sit. After five minutes ACP R.R. Sharma also reached there along with a lady. They all sat in the room of HC Raj Kumar. HC Raj Kumar was sent to get the tea from the canteen. She further testified that she could hear the noise of the lady talking at high pitch and thereafter ACP closed the door of the room and all five of them remained there till 7 pm and left thereafter. The witness also identified ACP Roop Ram Sharma as FIR No. : 480/05 Page no. 23 accused R.R. Sharma in the court and the lady accompanied him as accused Neerja Sharma in the court.

33. PW9 is Santosh Kumar Jha, who was working as Supervisor in Hotel Star, where the deceased had committed suicide. He had deposed with respect to the proceedings of the day the dead body was found by them. He has proved the seizure memo of the suicide note as Ex.PW9/A. The kundi (bolt) of the door broken while opening the door as Ex.PW9/B and the turban by which the deceased had hung himself as Ex.PW9/C.

34. PW10 is Mrs. Kulvinder Gill, the wife of the deceased. She had testified on the lines of the prosecution case. Her deposition would be discussed at length at appropriate stage.

35. PW11 is Shri M.N. Vijayan, the Nodal Officer from Tata Tele Services. He testified that as per the inquiries from the crime branch he had furnished the details pertaining to the telephone numbers FIR No. : 480/05 Page no. 24 9212246055 which was in the name of one Rajinder Singh. His letter in this respect was Ex.PW11/A and the call details were Ex.PW11/B running into seven pages.

36. PW12 is Shri R.K. Singh, the Nodal Officer from Bharti Airtel Ltd., who had testified that as per the request of the Delhi Police, he had given the details of mobile phone of one Shri Darshan Singh, Anil Khetarpal, the deceased H.S. Gill. The two mobile phones of M/s Seali Aircargo Agency were also given as per Ex.PW12/A. He had given the details of the mobile phone nos. 9818100653, 9810279502, 9810279562 and the same were Ex.PW12/B, Ex.PW12/C, Ex.PW12/D, Ex.PW12/E, Ex.PW12/F and Ex.PW12/G respectively.

37. PW13 is HC Ajit Singh, who had accompanied the crime team to the said room of the hotel where the deceased had hung himself and he had taken the photographs. The negatives of the same were proved as Ex.PW13/A1 to A8 and the photographs were proved FIR No. : 480/05 Page no. 25 as Ex.PW13/A9 to A16.

38. PW14 is HC Subhash Chand, who was working as MHC(M) on 070805 and had testified that IO SI Zile Sing had deposited the case property i.e. the entry register of the Hotel Star in the malkhana on 070805. Thereafter on 300805 IO had handed over the register of the hotel bearing the entry of the stay of the deceased. One page from the said register was seized as Ex.PW14/A.

39. PW15 is HC Raj Kumar, who testified that he was on duty on 290705 as the Epbax Incharge, New Police Line. That he had received a call from ACP Communications Roop Ram Sharma (accused) at around 3.00 pm, who had informed that his guests would at the office who should be seated and looked after and that at around 4/4.30 pm one Sardarji came there after which the ACP along with one lady also came there. He identified the ACP as accused R.R. Sharma, present in the court. He testified that he FIR No. : 480/05 Page no. 26 brought three cold drinks for them and thereafter after sometime he served them tea. He also stated that Sardarji was one Mr. Gill.

40. PW16 is Dharambir Singh, who was also working as Security Officer with NDPL at the relevant time under the deceased H.S. Gill, who was also working there.. He identified the handwriting and signatures of the deceased on Ex.PW2/F. He testified that he had also handed over four pages Ex.PW2/B, Ex.PW2/C and Ex.PW2/D which were written and signed by deceased H.S. Gill. The same were seized by the IO vide memo Ex.PW2/E. He also identified the signatures of H.S. Gill on the complaint Ex.PW1/A.

41. PW17 is lady constable Anuradha, who testified that she joined the investigation of this case and had gone to Narula Hotel, Defence colony and accused Neerja Sharma was arrested therefrom. She had taken her personal search vide memo Ex.PW17/A.

42. PW18 is SI Ramveer Singh, who had gone to FIR No. : 480/05 Page no. 27 Narula Restaurant, Defence Colony on 190905 and had arrested the accused Neerja Sharma therefrom vide arrest memo Ex.PW18/A. Her mobile was also recovered and seized vide memo Ex.PW18/B. Her disclosure statement Ex.PW18/C was also recorded by him.

43. PW19 is Dr. Rajesh Kumar Chand, who was also working in Khetarpal Hospital as RMO at the relevant time. He had testified that at around 6.30 pm on 300705 one lady had come to their hospital. She was suffering from severe depression and was anxious and agitated. She had also been coming to the hospital earlier also and used to come alone and consult several specialists. He identified the said lady to be the accused present in the court and testified that she had come to the reception and given her name as Neerja Sharma. She complained of headache and depression, so he had called the reception to call Dr. Shashi. He further testified that general bed was not available in FIR No. : 480/05 Page no. 28 the hospital at that time, hence she was temporarily sent to ICU where two beds were available. He further testified that Dr. Shashi had treated the patient and thereafter the patient had left the hospital on the same day. Then again on 310705 he was informed from the reception that Neerja Sharma had come again. She then consulted Dr. Shashi and left. He further testified that on 310705 in the evening at around 8.00 pm Neerja Sharma had come to the causality and had told him that she had consumed some unknown liquid due to which she was feeling drowsy/unconsciousness, so he called at 100 number. He also carried out the stomach wash of the patient and preserved the same and handed over the same to the police. He further testified that he then admitted the patient and shifted her to ICU as the patient was drowsy. He also testified that he did not inform any relative or known person of Neerja Sharma about this, though Neerja Sharma remained admitted in the hospital till 020805. He FIR No. : 480/05 Page no. 29 prepared the medico legal papers of Neerja Sharma, which were Ex.PW19/A and the same were seized by police vide seizure memo Ex.PW19/B.

44. This witness was crossexamined by Ld. Addl. PP and admitted that police had met him in this connection and recorded his statement.

45. PW20 is SI Madan Pal, who had visited the scene of crime and had taken rough notes and measurement on the pointing out of Girish Kumar, the receptionist of Star Hotel. He prepared the scaled site plan Ex.PW20/A.

46. PW21 is SI Harish Chand, Retired from MT Communication. He testified that on 210905 he had gone along with ACP Ram Kishan and produced the photostat copy of the log book with regard to the gypsy no. DL IV 3752 for the period 270705 to 270805 which was collectively Ex.PW21/B and was seized vide memo Ex.PW21/A.

47. PW21A is constable Om Prakash, who was posted FIR No. : 480/05 Page no. 30 in the crime branch at the relevant time and had taken the exhibits to GEQD Shimla and deposited the same there.

48. PW22 is SI Kishan Lal, he was posted as SI at PSModel Town on 310705. At around 8.40 pm DD no. 8A was received in the PS about admission of one person at Khetarpal hospital after consuming some poisonous substance. He proved the copy of the said DD as Ex.PW22/A and testified that on receipt of the same he went along with constable Arun to Khetarpal hospital where he was met by Dr. Rajesh Chand and one lady Neerja Sharma, identified by him as the accused present in the court was found admitted in the hospital. He obtained his MLC Ex.PW19/A on which the doctor Rajesh Chand had opined that the patient was fit for statement. He testified that he had asked Neerja Sharma to give the statement but she refused saying that she was not well. He seized the stomach wash taken by the doctor along with the sample seal FIR No. : 480/05 Page no. 31 and seized the same vide memo Ex.PW19/B; returned to PS; made his arrival entry as Ex.PW22/B and deposited the case property in the malkhana. That ACP R.R. Sharma was sitting in the room of Dr. Rajesh Chand and Dr. Rajesh Chand had introduced him saying that R.R. Sharma, was known to Neerja Sharma. He also identified that R.R. Sharma, as the accused present in the court. He testified that he had even requested ACP R.R. Sharma to ask Neerja Sharma to give statemen on which he told that she was stubborn and once she has refused to give statement, she will not give the statement. He had further requested ACP R.R. Sharma to disclose any other facts known to him but he expressed his ignorance. He also testified that Neerja Sharma had given three mobile numbers, one belonging to her other of R.R. Sharma and third of H.S. Gill. He further testified that on 010805 he telephoned on the mobile of Neerja Sharma on which she told that she was not feeling well and FIR No. : 480/05 Page no. 32 could not give the statement. Then on 020805 Neerja Sharma, had herself telephoned him and told that she was going home after taking leave from the hospital and he should come to her house and take her statement but he did not go her house. Then Neerja Sharma came to the PS to his room and said that she was hungry, he gave her patties and tea. Then Neerja told him that "H.S. Gill ko buri tarah fasana hai aur usko jail mei dekhna chahati hu". That she wanted to implicate H.S. Gill badly and wanted to see him in the jail. He gave her the paper and pen and she wrote her complaint Ex.PW22/C. He further testified that Neerja Sharma had asked him to register the case on this complaint and give her the copy of FIR but he said that he would discuss the matter with his senior officers and register the case thereafter. He then informed the SHO and recorded the DD no. 26A (Ex.PW22/D regarding arrival and departure of Neerja Sharma).

49. He further testified that on 030805 he FIR No. : 480/05 Page no. 33 telephoned Shri H.S. Gill on his mobile and asked him to come to PS. H.S. Gill informed him that he will come on 040805. Then H.S. Gill came to the PS on 040805 at around 5.30 pm along with one Dharambir, who was the staff of NDPL. He testified that H.S. Gill had told him that Neerja Sharma was making a false statement and was a liar. Neerja Sharma also came there and told that she wanted to talk to H.S. Gill alone. That thereafter both of them went outside his room and thereafter she started shouting. He questioned her but H.S. Gill told him that Neerja Sharma wanted to extort big amount which was beyond his capacity and that he stated that he does not want to give any statement and will give his statement lateron. Thereafter they left and Neerja Sharma kept on shouting and demanded copy of FIR.

50. PW23 is HC Jagat Singh, who was working as duty officer on 240805 at PSVasant Kunj and had registered the FIR in this case on receipt of rukka from FIR No. : 480/05 Page no. 34 SHO. The carbon copy of FIR is Ex.PW23/A

51. PW24 is SI Zile Singh, who was posted at PS Vasant Kunj on 070805 and had gone to Hotel Star at Mahipal on receipt of DD no. 25 and had found the deceased H.S. Gill hanging with the turban with the ceiling fan in room no. 403 of the said hotel. He testified that crime team and senior officers were called and informed. The scene was photographed. The dead body was sent to Safdarjung and got preserved. He further testified that he found a suicide note, a copy of the FIR no. 283 PSAshok Vihar and one complaint dated 010805 from the spot near the television. The suicide note was seized vide memo Ex.PW9/A. The register of the guest house was also seized vide memo Ex.PW24/B and deposited in the malkhana. Next day he got the postmortem of the body conducted and then went to gurudwara Nanak Pura and seized the Maruti zen car after it was inspected by the crime team and seized the same vide memo Ex.PW24/H. He collected FIR No. : 480/05 Page no. 35 the specimen writing signature of H.S. Gill from his office and seized the same.

52. PW25 is ACP Ram Chander Singh, who testified that in April or May 2005 one SI Dharambir Singh had come to his office, requesting for police force for the disconnection of meter drives by the NDPL. Meanwhile Neerja Sharma, accused present in the court came there and told him that she had some problem with the electric meter at her residence, so he asked SI Dharambir Singh to help her out. He categorically stated that he had not told H.S. Gill to help Neerja Sharma.

53. In the crossexamination this witness has admitted that Neerja Sharma used to telephone him obsessionally and talk to him.

54. PW26 is Dr. Madhulika Sharma from FSL, who had examined the gastric lavage forwarded to them and had found that the same contained alprazolam.

55. PW27 is Inspector V.K.P. Singh, who was FIR No. : 480/05 Page no. 36 working as SI in crime branch on 190905 and had on an information, formed a raiding team and had arrested accused Neerja Sharma. He testified that Neerja Sharma was arrested vide memo Ex.PW18/A and mobile phone was recovered from her possession which was seized vide memo Ex.PW18/B. Accused R.R. Sharma was arrested in this case vide memo Ex.PW27/A on 200905 as he came to the PS himself. A mobile phone was recovered from his possession and was seized vide memo Ex.PW27/D. The FSL report of the stomach wash of Neerja Sharma was Ex.PW26/A. The documents relating to treatment of Neerja Sharma at Khetarpal hospital were Ex.PW27/G (collectively) and was seized vide memo Ex.PW27/E. The causality register of the Khetarpal hospital was Ex.PW27/F. Then on 061005 the draft site plan of room no. 403 situated on the second floor of the hotel was prepared by SI Madan Pal.

56. PW28 is ACP Ram Kishan, who testified that on FIR No. : 480/05 Page no. 37 240805 while he was posted in the crime branch he had proceeded to Hotel Star on receipt of the FIR in this case. He went to the house of the deceased but came to know his wife Kamaljeet had left the residence somewhere in Bombay. He examined the witnesses; seized the complaint dated 020805 made by Neerja Sharma. It was further testified by him that he examined the wife of the deceased at Bombay, who corroborated the contents of the suicide note and other facts relating to the incident. He collected the call details of the various mobile numbers suspected to be connected with the case.

57. PW29 is Inspector Suresh Dagar, who had reached the Hotel Star at Mahipalpur on receipt of DD no. 25A on 070805 and found the deceased hanging through the cloth of turban with the ceiling fan.

58. PW30 is Dr. Sarvesh Tandon, who was the Chairman of the Board of Directors including Dr. Gaurav Aggarwal and Dr. Deepak Mathur constituted FIR No. : 480/05 Page no. 38 to conduct postmortem in this case and had conducted the postmortem. It was opined that the cause of death was asphyxia due to ligature hanging. It was opined that the ligature present over the body was antemortem in nature.

59. PW31 is Inspector Raj Singh, who had arrested accused Dr. Anil Khetarpal on 041205; seized the mobile phone; obtained the report from GEQD at Shimla; recorded the statement of the remaining witnesses and filed the supplementary chargesheet against accused Dr. Anil Khetarpal in the court.

60. PW32 is Dr. B.A. Vaid, Government Examainer of Questioned Documents, who testified that he had compared the admitted handwriting of the deceased. He had proved his report as Ex.PW32/A and Ex.PW32/B.

61. In their respective examination u/s 313 Cr.PC all the incriminating evidence was put to the accused persons which they denied and stated that they were FIR No. : 480/05 Page no. 39 innocent and had been falsely implicated in this case.

62. Accused Neerja Sharma had stated that deceased used to call her as his daughter; that he tried to misbehave with her on which she made a complaint to the police. That agitated by this, he had falsely giver her name in the suicide note and the police had made this false case against her.

63. Accused Dr. Anil Khetarpal had stated that he was a surgeon and used to only see surgical patients in the hospital. That he takes rounds thrice in a day and does not attend any phone calls during that period. That he was a Laprascopic surgeon specializing in Urology, Laprascopy and Bariatric surgeries, having done his post graduation from the University of Rajasthan in 1983. That he was a fellow of the American College of Surgeons, International College of Surgeons and others. He further stated that he set up Khetarpal hospital in Bali Nagar in the year 1992; that it was a 35 bedded hospital with modern equipments, FIR No. : 480/05 Page no. 40 operation theater, laboratory etc. and that the hospital catered to a wide base of patients from various parts of Delhi, India and from abroad as well. That the hospital had been associated with Cry Helpage India and organizing free health camps from time to time. That the hospital employees consists of 105 persons including doctors, nurses, administrative staff etc.

64. He further stated that he had nothing to do with the death of H.S. Gill and as per record the hospital treated the patient Neerja Sharma when she came to the hospital on 300705 and later on 310705. He had no occasion to examine her as a patient nor did he even speak to H.S. Gill except for the one time on 310705 around 4.30 pm after he concluded his rounds for the day. That he had this conversation with H.S. Gill (deceased) as he had called on his mobile several occasions while he was on round and his assistant Dr. Rajesh Chand had once picked the phone and after speaking to the caller he promised him that he would FIR No. : 480/05 Page no. 41 call him back. He further stated that during this conversation the caller introduced himself as H.S. Gill and asked him about the welfare of Neeraja Sharma on which he told him that she was under the treatment of Dr. Shashi Bhushan, their consultant psychiatrist. That apart from this conversation, he had never talked to H.S. Gill nor did he ever met him. That H.S. Gill may have had some personal dispute with others and he tried to rope him into it by falsely accusing him of trying to threaten him and that he had no idea why H.S. Gill committed suicide and he was not responsible for the same in any manner. That this case had been registered against him under pressure from the Gill family and in connivance with the local police.

65. Accused R.R. Sharma, had stated that he did not know deceased at all. He had neither met him nor made any call to him. That he did not know coaccused Neerja Sharma and Dr. Anil Khetarpal till this case was registered against him. Even his correct name FIR No. : 480/05 Page no. 42 was not given in the suicide note i.e. the suicide note mentions about one Ram Roop Sharma, whereas his name is Roop Ram Sharma. He further stated that during this period his mother was seriously ill and he was busy looking after her and had got her open heart surgery done from Escorts hospital, beside attending to his duties. Thus he had no time to be involved in any other activity.

66. I have heard the Ld. Addl. PP for the state as well as Shri Naveen Gaur, counsel for accused Neerja Sharma, Shri Mukesh Kalia, counsel for accused R.R. Sharma and Ms. Rebecca M. John, counsel for accused Dr. Anil Khetarpal at length and have also gone through the record carefully.

67. The counsel for the accused persons had also filed the following judgments which were kept in mind while deciding the case:

1) Ganga Dev & Ors. Vs State 28 (1985) DLT 35.

2) Brij Lal and Anr. Vs State 27 (1985) DLT 356.

FIR No. : 480/05              Page no. 43
        3)      Neeraj Gupta Vs State 132 (2006) DLT 137.

       4)      Kartar Singh & Ors. Vs CBI 131 (2006) DLT 643.

       5)      Mahendra   Singh   Vs   State   of   Madhya   Pradesh 

       1996 Cri.L.J. 894.

       6)      Pradeep S. Ahluwalia Vs State 1999 V AD (Delhi) 

       185.

       7)      Sanju @ Sanjay Singh Sengar Vs State of Madhya 

       Pradesh, 2002 (3) JCC 847.

       8)      Hira Lal Jain Vs State 87 (2000) DLT 265.

       9)      Roop Kishore Madan Vs State 89 (2001) DLT 150.

68. Ld. Addl. PP for the State has argued that from the evidence adduced by the prosecution, it has been established that all three accused persons had entered into a conspiracy to coerce and pressurize the deceased H.S. Gill to marry Neerja Sharma or to adopt her as her daughter or to pay a sum of Rs.40.00 lakhs. For this purpose threats were extended by Neerja Sharma that if he did not do so, she would implicate him in a false case. The pressure for the same was built up on FIR No. : 480/05 Page no. 44 the deceased by the accused R.R. Sharma. Accused Dr. Anil Khetarpal, chipped in his bit by extending the medical facilities to Neerja Sharma, even when the same were not required, to create an atmosphere so as to corroborate the false case put up by the accused Neerja Sharma so that the deceased would succumb to their pressure and either marry Neerja Sharma or pay the said amount.

69. Counsel for the accused persons in general have stated that commission of suicide by the deceased cannot be attributed to the act or conduct of any of the accused. It is argued by the counsel for the accused Neerja Sharma that even if it is accepted that the so called threat was extended by Neerja Sharma, it was not of such a nature that could have driven a normal person to commit suicide. Counsel for accused Dr. Anil Khetarpal, had also argued that whatever was the act or conduct of Dr. Anil Khetarpal in this case the same was in his capacity as a doctor to inform the relatives FIR No. : 480/05 Page no. 45 or friends of the patient and that he was not in connivance or collusion with other two accused to pressurize the deceased to do any unwanted or unlawful act.

70. Let us take the allegations and the evidence in this respect against each of the accused separately.

71. It has been testified by PW10 Mrs. Kulvinder Gill, the wife of the deceased that the deceased had been introduced to Neerja Sharma through accused R.R. Sharma just few months prior to the incident. She was introduced to him as he was working as a Chief Security Officer in NDPL. That Neerja Sharma had some problem with her electricity bill which had to be rectified. Neerja Sharma became friendly and was on visiting terms with the family of the deceased. She was also dealing in the sale of the jewellery and other gold ornaments. She used to show the same to the wife of the deceased and had an easy access into their family. It is alleged in the suicide note Ex.PW10/B by FIR No. : 480/05 Page no. 46 the deceased that Neerja Sharma had asked him to marry her and treat her like her daughter in the presence of others.

72. As per the complaint Ex.PW10/A, made by the deceased to the Commissioner of Police on 020805, it has been alleged that accused Neerja Sharma had started pressurizing him to allow her to stay in their house and she was annoyed when he refused the same. Then she started pressurizing him through accused R.R. Sharma. It is alleged that R.R. Sharma called him to the EPABX at New Police Lines, Delhi for discussion on 290705 between 4.005.00 pm, where Neerja Sharma was also present and Neerja Sharma started requesting him to marry her. Even the ACP accused R. R. Sharma, asked him to marry Neerja Sharma and on his refusal both of them i.e. accused R.R. Sharma and Neerja Sharma started threatening him that if he did not accept their proposal, he will be involved in a false case of abetment of suicide or other FIR No. : 480/05 Page no. 47 criminal cases. It is alleged in the complaint itself, by the deceased, that both the accused i.e. Neerja Sharma and R.R. Sharma had suggested that after marrying her he should treat her as his sister and daughter in the presence of his wife at home.

73. It is further alleged in the complaint of the deceased that Neerja Sharma had falsely got herself admitted in the said Khetarpal hospital and made up a case that she had been administered some unknown substance (by the deceased).

74. Thus, the complaint dated 010805 Ex.PW10/A made by the deceased to the Commissioner of Police on 020805 and the suicide note Ex.PW10/B make up the case of the prosecution against the three accused.

75. To prove its case against accused the prosecution has produced several witnesses namely: PW10 Smt. Kulvinder Gill, the wife of the deceased who is a witness to the pressure mounted by the accused and the threats extended by the accused Neerja Sharma FIR No. : 480/05 Page no. 48 (R. R. Sharma and the conduct of accused Anil Khetarpal) to the deceased. Then there are doctors from the Khetarpal hospital, who had treated her during this period i.e. PW4 Dr. Shashi Bhushan, who used to treat her even earlier and had even examined her on 300705 in the evening at 8.00 pm and on 310705 in the morning at around 11.00 am and had prescribed ESCITALOPRAM medicine to her.

76. Then there is PW5 Dr. R.K. Sehgal, the Administrative Officer of Khetarpal hospital, who had given the report about the treatment and admission of Neerja Sharma in their hospital during the relevant period. The said report is dated 230905 which was given to the police by the Administrative Officer during the course of investigation and the said report is Ex.PW5/A.

77. Then there is PW19 Dr. Rajesh Kumar Chand who was RMO of the Khetarpal hospital.

78. Then there is PW8 WCH Rani Solanki and FIR No. : 480/05 Page no. 49 PW15 Raj Kumar, who are witness to the fact that the accused R.R. Sharma had come to the EPABX, New Police Lines on 290705 along with Neerja Sharma and deceased H.S. Gill had also come there and they had held discussions in closed door.

79. Then there is the statement of PW22 SI Kishan Lal, who received the information on 310705 from Khetarpal hospital about a person having consumed poisonous substance - his reaching the hospital but accused Neerja Sharma refusing to give the statement despite being declared fit to make the statement and then accused Neerja Sharma coming to the PSModel Town on 020805 and making complaint Ex.PW22/C against H.S. Gill. The arrival and departure entry of Neerja Sharma in the PS was recorded by him vide DD no. 26A Ex.PW22/D.

80. It is relevant to go through the statement of the wife (Mrs. Kulvinder Gill) of the deceased at length in the court. She has been examined as PW10 in this FIR No. : 480/05 Page no. 50 case and had testified that accused Neerja Sharma had come to their house in April 2005; her husband had asked her to help her as she was dealing in gold ornaments and had been sent by one S.P. Sharma, ACP who had also asked him to help her with respect to some discrepancy in her electricity bill. She testified that she came to know Neerja Sharma was a divorcee and was having a 17 year old son.

81. She further testified that on 300705 she had gone to Gurudwara Nanak Pio with her husband. On that evening her husband had received a call from ACP R.R. Sharma who informed that Neerja Sharma had consumed poison and was admitted in Khetarpal hospital and had asked her husband to reach Khetarpal hospital urgently. So after dropping their daughter home they had gone to the hospital where Dr. Khetarpal and R.R. Sharma (both accused) were present and had informed her husband that Neerja Sharma was in ICU. She further testified that her FIR No. : 480/05 Page no. 51 husband told her on the way back that he was not permitted to meet Neerja Sharma as she was in ICU and that Dr. Khetarpal and R.R. Sharma had told him (her husband) that Neerja Sharma was asking for money and they could get the dispute settled.

82. She further testified that on 310705 R.R. Sharma had come to their house in the evening and told her husband that he could get the matter settled after payment of money which her husband declined.

83. That on 010805 her husband sent a complaint to Commissioner of Police, the copy of which was Ex.PW10/A.

84. She further testified that on 020805 in the morning her husband had received a call and told her that he had to go to the hospital. They both went to Khetarpal hospital to the room of Neerja Sharma and she talked to Neerja Sharma, who had put three conditions before her, that, either her husband should marry her in the Gurudwara or accept her as daughter FIR No. : 480/05 Page no. 52 or pay Rs.40.00 lakhs and that if these conditions were not fulfilled, she will report the matter to the police. She further testified that her husband refused to accept any of her conditions and when they came out, her husband informed that he had gone through all the reports of Neerja Sharma and that she had not consumed any poison and it was only a drama.

85. She further testified that on 050805 she received a telephone call from one Kishan Lal from PSModel Town, asking about her husband and she informed that he was not at home. Then at 9.30 pm Kishan Lal came to their house and asked her to come to PS as SHO wanted to record her statement. She went to the PS along with her daughter, where she gave the statement to the SHO. She further testified that on 070805 at around 5.00 pm she received a telephone call from PS Vasant Kunj to come to the PS and there she came to know that her husband had committed suicide. She identified the handwriting of her husband on the FIR No. : 480/05 Page no. 53 suicide note Ex.PW10/B ( already Ex.PW2/F).

86. Counsel for the accused Neerja Sharma has argued that from the entire evidence adduced by the prosecution nothing could be brought on record from which it could be said that the accused had committed or omitted any act by which she could be said to have abetted the commission of suicide by the deceased H.S. Gill. It is argued that all the statements made by the accused to the deceased or to any other person in this regard are normal statements and do not reflect any intention on her part to provoke the deceased to commit suicide.

87. The act, conduct and statement made by Neerja Sharma, can be culled out from (1) suicide note Ex.PW10/B; (2) Receipted copy of complaint Ex.PW10/A found by the side of the deceased; (3) statement of the wife of the deceased; (4) statement of SI Kishan Lal of PSModel Town, who has been examined as PW22; (5) statements of WHC Rani FIR No. : 480/05 Page no. 54 Solanki (PW8) and HC Raj Kumar (PW15) and (6) call detail records of the mobile phone of Neerja Sharma and of other accused persons and of the deceased obtained in this case during the relevant period by the investigating agency.

88. Ex.PW10/B is the suicide note left behind by the deceased. It is relevant to reproduce the same which is as under: " I retd. Col. H.S. Gill in my complete sense take this decision to end my life. I had led a honest, & upright life, held my head high. I lived my family and feel sorry for them. Please forgive me and face the world. I request my wife to give everything to my daughter. I had a attitude of helping person. In March, a police officer sent me Ms. Neerja Sharma W/o Deepak Sharma (used Mobile No. 9212246055) to my office for help. I was introduced as a helpless destitute lady. I accepted her as my sister/daughter and always addressed as Beti & was hoping that she will tie Rakhi FIR No. : 480/05 Page no. 55 during Raksha Bandhan day. For this, I reminded her many times. She was along with one R. R. Sharma ACP Communication (using Mobile No. 9873244050) at old police line wanted me to marry her. I was shocked, they also threatened me that I will be got implicated/involved in a false case of abatement to suicide to the Neerja Sharma (R/o H.No522, Near Chhota Shiv Mandir, Alipur, Delhi). My relation with Smt. Neerja Sharma like a daughter/sister. On 30 July 05 Sh. R.R. Sharma (ACP) rang from his mobile 9873244050 at 18:14 hr. at Gurudwara Nanak Piou. I could not hear properly and made a call from my mobile (981810653). Sh. R.R. Sharma apprised that she Neerja has taken poison and asked me to come. Disconnected his phone. My repeated attempts to call and now the place where I am, as he never responded. On 30 July, 05 at 19:17 hr Dr. Khetrapal from telephone no. 25193344 rang me to apprise that one Smt. Neerja Sharma has been admitted to his hospital FIR No. : 480/05 Page no. 56 who has taken some poison and she has given my number to her. Dr. Khetrapal advised me to meet. My wife and myself visited to hospital. Dr. Khetrapal on the pretext that her condition will aggravate and not allow me to meet her.

On 2 July, Dr. Khetrapal again rang me from his mobile to meet Smt. Neerja Sharma in the capacity as doctor. My wife and myself meet her. I only wanted that within half and hour I should marry her in the Gurudwara. This under no circumstance was acceptable to us. On a meeting on 1 August 05 called by Sh. R.R. Sharma in his office. I alongwith Sh. Dharambir met him. He again said that I should marry her otherwise there will be local headlines in the newspaper.

On 1 July, 05 I made a report/complaint to the Hon'ble Commissioner of Police. The said complaint is correct.

I was shocked to know that a complaint by Neerja FIR No. : 480/05 Page no. 57 Sharma was made with police station Model Town that on 31 July 05 Smt. Neerja Sharma along with her brother Roop Ram Sharma (He is same as Sh. R.R. Sharma ACP/Communication) visited my house where I had alleged to serve her some poison. The fact is that they never visited my house. Sh. R.R Sharma is party to the crime. For my death I blame (a) Smt. Neerja Sharma, (b) Sh. R.R. Sharma ACP, (c) Dr. Khetrapal (Mobile No. 9810279502). These three persons have hatched a preplanned conspiracy to blackmail me and destroy my reputation.

On a chanced meeting on 4 July 05 at P.S. Model Town Smt. Neerja Sharma gave another suggestion that I should legally adopt her as my daughter. This fact again shocked me. I seek forgiveness from my wife and daughter Subej. Please forgive. To save reputation this the only way out. The above three should be brought to law. I am also grateful to the NDPL authorities. Please help my family and bring the three FIR No. : 480/05 Page no. 58 to law. I have not cleared some of my dues of petrol (June/August, Driver's pay, luggage etc.). Please settle the account. In the case certain assures to where put, there may be adjusted. I have parked my car Zen at Gurudwara Moti Bagh near Dhaula Kuan (Ring Road). This may please be handed over to my family. This step I had to take to protect my honour, otherwise I had no way out. These three persons ie. Neerja, ACP Sharma and Dr. Khetrapal are responsible for my death. Sd. English. Please inform No.55151582 or mobile no 9818100652. My residential address is B215 Gujrawala TownI, Delhi. Also inform NDPL authorities where I work. Sd. English. Telephones Nos. in my mobile may please be given to my wife."

89. It may be seen that 56 days prior to the suicide, the deceased had made this complaint Ex.PW10/A to the Commissioner of Police. From these documents, and the witnesses PW8 and PW15 it emerges that the incidents which prompted the deceased to take this FIR No. : 480/05 Page no. 59 extreme step took root from 290705 onwards. It is not disputed that before this date Neerja Sharma had come in contact with the deceased and that Neerja Sharma had visited the house of the deceased and was known to the wife and daughter of the deceased. From the statements of PW8 and PW15 it is brought out that on 290705 accused R.R. Sharma, who was ACP at New Police Lines, had called H.S. Gill (deceased) at his office at New Police Lines and had met him along with Neerja Sharma in his office where they had closed door discussion. The suicide note Ex.PW10/B and complaint Ex.PW10/A shows that both the accused had pressurized the deceased to marry Neerja Sharma over there also.

90. Then there is incident of 300705. It was stated by PW10 and also in the suicide note Ex.PW10/B and complaint Ex.PW10/A that in the evening the deceased got a telephone call from Dr. Anil Khetarpal of Khetarpal hospital (accused Anil Khetarpal) and also FIR No. : 480/05 Page no. 60 from ACP R.R. Sharma (accused) that Neerja Sharma had consumed poison and was admitted in the hospital and he should reach there fast. Then there was a call again from Dr. Anil Khetarpal that they had not informed the police yet and that he should reach the hospital immediately. It is alleged that when they reached the hospital, the deceased was not allowed to meet Neerja Sharma and it was posed by accused R.R. Sharma and Dr. Anil Khetarpal that Neerja Sharma was in the ICU and her condition was bad and it was not possible for anyone to meet her. In fact this fact is corroborated by crossexamination of PW4 Dr. Shashi Bhushan. He had stated in his crossexamination that he had seen Neerja Sharma in the ICU. He inquired as to why she was in the ICU and he was told that as there were no vacant bed in the hospital, she was made to sit in the ICU. He further stated that Neerja Sharma was sitting on one of the beds in the ICU when he went there and that when he examine her she was FIR No. : 480/05 Page no. 61 alone there as he entered the room and he heard the nursing staff telling a Sikh gentleman to go out. It also corroborates that accused Neerja Sharma was not admitted in the hospital on that day i.e. on 300705 as PW4 did not feel it necessary to admit Neerja Sharma after examining her. PW19 Dr. Rajesh Kumar Chand has also admitted that one Sardarji H.S. Gill had come to the hospital on 300705 at around 910 pm and had contacted at the reception. This witness is partly hostile to the case of the prosecution in as much as he says that he made the telephone call to the deceased from the landline number of the hospital. If that was so, there was no reason why the nursing staff would shoo away the deceased H.S. Gill from the ICU when they were coming there to meet Neerja Sharma. His hostility on this aspect could be well understood as he is employed in the said hospital where the accused Dr. Anil Khetarpal is the owner. The fact that this witness PW19 is giving evasive answers can be seen from the FIR No. : 480/05 Page no. 62 fact that he is a RMO and had called Dr. Shashi Bhushan but he says that Dr. Shashi Bhushan had not reached the hospital that night (300705) in his presence. Whereas, he admits that Shri H.S. Gill had reached there at 910 pm. On the other hand as per the report Ex.PW5/A, it is the case of the hospital itself that Neerja Sharma had come to the hospital in the evening at around 8.00 pm and Dr. Shashi Bhushan was called to see her. Dr. Shashi Bhushan (PW4) had also testified that he had received a telephone call at around 8.00 pm and had then gone there and had seen Neerja Sharma. The complicity of Dr. Anil Khetarpal is borne out from the fact that on 300705 as per the records of the Khetarpal hospital, she (Neerja Sharma) had not been admitted in the hospital. The report Ex.PW5/A shows that she had directly come into the OPD without even getting the OPD card prepared. Then the witnesses i.e. PW4, PW5, PW19 as also the accused accept this fact that she was in the ICU on FIR No. : 480/05 Page no. 63 300705 in the evening. They have taken the plea that there was no general bed available so she was asked to use a bed in the ICU. On the other hand, they say that she was not admitted in the hospital on 300705. Where, then, was the question of giving the bed whether general or in the ICU to the accused Neerja Sharma? PW4 who had examined her on 300705 had stated that she was tense and worried and was prescribed anti depressant medicine. Even the observations of PW19 were that she had complained of headache and depression. When there was no advice by the doctors to admit her and when she was not admitted, there was no question of her being provided the bed in the general or in the ICU. It was thus, only to create an environment to make the deceased H.S. Gill believe that she had actually been admitted in the ICU, after having consumed poison.

91. Then there is incident of 310705, when all three accused at different times had telephoned the deceased FIR No. : 480/05 Page no. 64 asking him to settle the matter or that he would be falsely implicated in a case of abetment of suicide by Neerja Sharma. There is evidence from the call detail records Ex.PW11/B that Neerja Sharma made calls to the deceased on 020805 in the morning and in the day time. Deceased also received calls from accused Dr. Anil Khetarpal on 020805.

92. There is evidence that Neerja Sharma got admitted in the Khetarpal hospital on 310705 stating that she had consumed some unknown substance and was feeling drowsy. PCR call was made to this effect and DD no. 28A Ex.PW22/A was recorded in PSModel Town. SI Kishan Lal PW22 from PSModel Town stated that he reached Khetarpal hospital on 310705 in the evening and found Neerja Sharma admitted there. He seized the gastric lavage of Neerja Sharma. Though she was declared fit for statement, she refused to give the statement on the premise that she was not feeling well enough to make a statement. As per the FIR No. : 480/05 Page no. 65 statement of SI Kishan Lal PW22, he contacted her again on 010805 and she stated that she was not in a position to give the statement and would come on her own to make the statement.

93. Then on 020805 she is shown to be discharged from the Khetarpal hospital in the morning at around 11.30 am. She went to the PSModel Town and told SI Kishan Lal (as deposed by PW22) that "H.S. Gill ko buri tarah fasana hai aur usko jail me dekhna chahati hu" (she has made this statement to PW22, while she went there as a complainant). She then lodges the complaint against the deceased in PSModel Town, alleging that she had gone to his house on 310705 in the evening and after discussion when she was about to go, he had made her take a cold drink. It is alleged by her that he had administered some unknown substance in that drink and she felt drowsy thereafter. That deceased started misbehaving with her and she saved herself and came out and took a TSR and went to FIR No. : 480/05 Page no. 66 Khetarpal hospital.

94. SI Kishan Lal (as deposed by him) keeps the complaint pending; records the arrival and departure entry of Neerja Sharma on 020805 (which is Ex.PW22/D) and calls H.S. Gill, who comes to the PS Model Town on 040805 in the evening. Neerja Sharma also reaches there; takes the deceased outside the room of the IO and starts shouting at him.

95. Ex.PW5/A is the report made by Dr. R.K. Sehgal, the Administrative Officer, who has been examined as PW5. The same is reproduced as under: To, ACP Crime Branch S.I.T. Section Amar Colony Lajpat Nagar New Delhi Dear Sir, We would like to say about Patients Mrs. Neeraj Sharma W/o Mr. Deepak Sharma R/o 522 Alipur Delhi. That she came in the evening O.P.D. in the Hospital and she came directly into O.P.D. Along with FIR No. : 480/05 Page no. 67 Mr. R.R. Sharma. We asked for the O.P.D. Slip she said they pay later on and only wants to contact/see Dr. Khetarpal after that being consultant call the psychiatrist for checkup and Dr. Shashi psychiatrist called on 310705 She came again in O.P.D around 10 AM bing called by Dr. Shashi and left without any Payment. On asked even she did not pay.

She was admitted as per record in the Hospital at 8.20 PM on 310705 and was discharge on 020805 at 11.30 AM and she did not pay even on asked by us. She say that Mr. R.R. Sharma will came and pay the Bill Amounting to Rs.7940/ detail & consultant of Dr. Shashi.

Sd/ 230905

96. This report is made by him on 230905 and the same was handed over to ACP, Crime Branch during the investigation of this case. In this he clarifies that Neerja Sharma had come to their hospital in the evening OPD along with R.R. Sharma. She had not taken the OPD slip and had not made the payment and she only stated that she wanted to talk to Dr. Khetarpal and after that being the consultant, he FIR No. : 480/05 Page no. 68 called Dr. Shashi for her check up. Apparently the witness was giving this report with respect to her visit on 300705 in the hospital as he goes on further to talk about the visit of Neerja Sharma "again" on 310705 morning in the hospital.

97. At the outset, what could be thus seen from the complaint Ex.PW10/A, from the suicide note Ex.PW10/B, from the statement of PW10 (Ms. Kulvinder Gill, the wife of the deceased), from the call records (Ex.PW11/B and Ex.PW12/B to Ex.PW12/G) and from the document Ex.PW5/A that on 300705 Neerja Sharma was not admitted in the Khetarpal hospital after allegedly having consumed any poisonous substance.

98. The evidence as discussed above i.e. the statement of PW10, suicide note Ex.PW10/B, the complaint Ex.PW10/A and the crossexamination of PW4 Dr. Shashi Bhushan, shows that on 300705 in the evening when the deceased was in the Gurudwara FIR No. : 480/05 Page no. 69 Nanak Pio with his wife, he had received a telephone call from Dr. Anil Khetarpal from Khetarpal hospital from landline number. This fact is corroborated by the call detail records Ex.PW12/B which shows that the deceased had received a call from Khetarpal hospital land line number on 300705 at around 7.11 pm. In the suicide note, in the complaint and in the statement of PW10, it has categorically been stated that Dr. Khetarpal had told the deceased that Neerja Sharma had been admitted in his hospital after having consumed poison. This obviously was a lie on the face of it as evident from Ex.PW5/A which is the report from Khetarpal hospital, which shows that she was not admitted in the hospital on 300705. In fact, this fact is corroborated by crossexamination of PW4 Dr. Shashi Bhushan. He had stated in his cross examination that he had seen Neerja Sharma in the ICU. He inquired as to why she was in the ICU and he was told that as there were no vacant bed in the FIR No. : 480/05 Page no. 70 hospital, she was made to sit in the ICU. He further stated that Neerja Sharma was sitting on one of the beds in the ICU when he went there and that when he examiner her she was alone there as he entered the room and he heard the nursing staff telling a Sikh gentleman to go out. It also corroborates that accused Neerja Sharm was not admitted in the hospital on that day i.e. on 300705 as PW4 did not feel it necessary to admit Neerja Sharma after examining her.

99. In these documents i.e. the suicide note Ex.PW10/B, the complaint Ex.PW10/A and in the statement of PW10, this fact is also corroborated by the statement of Dr. Shashi Bhushan, the psychiatrist, who had examined accused Neerja Sharma. The said Dr. Shashi Bhushan, has been examined as PW4, who had categorically stated that he had received a telephone call from the reception of Khetarpal hospital at around 8.00 pm on 300705 and had met Neerja Sharma there. He had examined her and only found FIR No. : 480/05 Page no. 71 her tense and had prescribed her anti depression medicine on OPD slip and had asked her to visit again if there was any problem. Thus, Neerja Sharma was never admitted in the Khetarpal hospital on 300705. But here Dr. Anil Khetarpal, the owner of the Khetarpal hospital was making a call to the deceased informing him that she (Neerja Sharma) had consumed poison and he should come immediately, which made the deceased rush to Khetarpal hospital with his wife. His presence at the Khetarpal hospital at ICU that night is corroborated by the crossexamination of Dr. Shashi Bhushan PW4.

100. Counsel for the accused Dr. Anil Khetarpal has argued that no malafide intention could be attributed to Dr. Anil Khetarpal, for the same as he had had informed the deceased only in his capacity as doctor. I cannot accept this argument of the Ld. Counsel on the face of it. Dr. Anil Khetarpal was the doctor who was running the said hospital, he was the owner of the said FIR No. : 480/05 Page no. 72 hospital but he was not the doctor treating accused Neerja Sharma. It is not the duty of the owner of the hospital to be informing the relatives/friends of every patient in their hospital about the condition of the patient. As per the report Ex.PW5/A, and also as per the statement of PW4 Dr. Shashi Bhushan, it was Dr. Shashi Bhushan who had been called by Dr. R.K. Sehgal, the Administrative Officer to examine Neerja Sharma and obviously as a patient in normal course, Neerja Sharma would have asked either Dr. R.K. Sehgal or Dr. Shashi Bhushan to contact his family or friends. Instead, Ex.PW5/A shows that Neerja Sharma had asked for Dr. Khetarpal straightaway when she came to the hospital and had not even got her OPD card made, which every patient visiting (OPD) was required to do in the normal course. The very fact that the call had gone to the deceased from Dr. Khetarpal, shows that there was a nexus between accused Dr. Anil Khetarpal and Neerja FIR No. : 480/05 Page no. 73 Sharma and it was in furtherance to their nexus and meeting of mind that Dr. Anil Khetarpal made this telephone call to the deceased on the evening of 300705 informing him about the facts which were not true.

101. It may be relevant to note at this stage that the call detail records of the phones of deceased H.S. Gill (9818100653), accused Neerja Sharma (9212246055), accused R.R. Sharma (9873244050) and accused Dr. Anil Khetarpal (9810279562), were obtained from respective service providers. The attested call details had been furnished during investigation by the Nodal Officers, of the concerned department, who also appeared in the court to prove these call detail records as having been provided by them as per the records of their system. The same have been exhibited as Ex.PW11/B and Ex.PW12/B to Ex.PW12/G. The perusal and comparison of these call details records shows that deceased made two calls to Dr. Anil FIR No. : 480/05 Page no. 74 Khetarpal in the morning on 310705 at 9.44 am and then at 10.00 am. Again he made a call to Neerja Sharma on 310705 at 4.10 pm and to Dr. Anil Khetarpal on 310705 at 4.16 pm. Then the deceased had received a call from Dr. Anil Khetarpal on 310705 at 4.54 pm, which call lasted for 199 seconds, which means that there was substantial conversation between the two (Dr. Anil Khetarpal and the deceased) on 310705 at 4.54 pm (exhibit PW12/F).

Accused Dr. Anil Khetarpal had taken a stand that he had not talked to the deceased on 300705 and had only spoken to him on 310705 at around 4.30 pm after he had concluded his rounds for the day as he had called on his mobile connection while he was on round. The deceased in his suicide note Ex.PW10/B has stated that he was given the mobile number of Dr. Anil Khetarpal by the doctor himself when he reached the hospital on 300705 at night. It is seen that the decease had made calls to Dr. Anil Khetarpal only FIR No. : 480/05 Page no. 75 thereafter on 310705.

102. As per Ex.PW5/A, Neerja Sharma after being treated by Dr. Shashi Bhushan (PW4) on the night of 300705 had left. She had again gone to the Khetarpal hospital in the morning at around 10.00 am on 310705. Dr. Shashi Bhushan (PW4) had deposed that he was again called in the Khetarpal hospital around 1010.15 am on 310705 and had reached there at about 11.00 am and found Neerja Sharma, sitting there. On inquiry she did not tell anything new, so he told her to continue the same medicine which he had prescribed earlier. The report from the Khetarpal hospital Ex.PW5/A shows that thereafter on 310705 in the morning after being so examined by Dr. Shashi Bhushan, she had left the hospital and again in the evening at around 8.20 pm she was got admitted. Thus it is seen that on one hand Neerja Sharma had visited the hospital on 310705 in the morning; as per the call detail record Ex.PW11/B she remained in touch with FIR No. : 480/05 Page no. 76 accused R.R. Sharma in the morning i.e. she called him in the morning at 10.37 and then at 10.43, then in the afternoon at 4.06 pm and then at night from 10.38 pm to 11.10 pm at various intervals. The deceased and accused Dr. Anil Khetarpal were also in contact with each other in the morning and evening of 310705. There is substantial conversation between the deceased and Dr. Anil Khetarpal (199 seconds) on 310705 at 4.54 pm. At that time there was no occasion for Dr. Anil Khetarpal to be in conversation with the deceased. Neerja Sharma had come for examination in the morning and had been examined by Dr. Shashi Bhushan, who found nothing relevant and had asked her to continue the same medicine and had left. Neerja Sharma also left the hospital in the morning and Dr. Anil Khetarpal could not have preconceived as to what was to follow lateron in the evening when he talked to the deceased on 310705 at 4.54 pm for more than three minutes, unless it was a plan to FIR No. : 480/05 Page no. 77 execute a threat, and he was trying once more to pressurize him to accept before putting the plan into action. This conversation took place few hours before the time when Neerja Sharma decided to get admitted in the said hospital projecting that she had taken some unknown liquid.

103. When Neerja Sharma got so admitted in the hospital, the hospital informs the PCR and DD no. 28A Ex.PW22/A is made in the PSModel Town in which it was informed that a 35 year old person was admitted in the Chatarpal hospital (Khetarpal hospital) Bali Nagar after having consumed some unknown liquid. On this SI Kishan Lal PW22 reached the hospital where, as per his deposition he found Neerja Sharma admitted in the hospital with the alleged history of oral consumption of unknown liquid as per patient's statement. There was no history of seizure, beating or trauma. It was termed as unknown poisoning and the patient was declared to be fit for statement.

FIR No. : 480/05 Page no. 78 PW22 has further stated that Neerja Sharma did not give any statement on that day despite having been declared fit for statement. It is to be noted that Neerja Sharma was mentally fit as per the certificate of the doctor at that time but she chose not to disclose anything as to how she came to consume this unknown substance.

104. On 020805, after her discharge she made this complaint Ex.PW22/C to the IO at PSModel Town against the deceased for having given her some poisonous substance in the drink and then trying to eve tease/molest her. She had stated in the said complaint that she had been meeting the deceased for business purposes as he wanted to invest some money in her business and then on 310705 also she had again gone to his house for this purpose at around 5.00 pm and when she was to leave at around 6.30 pm then deceased had given her something intoxicating in the cold drink due to which she felt heavy in her head and FIR No. : 480/05 Page no. 79 when she tried to leave, he tried to molest her but she managed to escape from there and took a three wheeler outside his house and asked the driver to take her to Khetarpal hospital, which is situated at Bali Nagar.

105. This complaint of hers, is to be read in the light of all the circumstances prevailing at that time, which have been discussed above. She is on visiting family terms with the family of deceased; she has met the deceased in the office of accused R.R. Sharma where heated exchange took place on 290705; she has created a drama on 300705 of her having taken poison and then actually got admitted in the Khetarpal hospital on 310705. She does not give any statement to police about how she came to consume the "unknown liquid" though she is declared fit for statement, does not give any statement even the next day - Has long telephone conversation with R.R. Sharma and deceased after her admission in the hospital on the night of 310705 and throughout the next day on 010805 and FIR No. : 480/05 Page no. 80 then also on 020805 till she goes to PSModel Town and gives her statement to IO.

106. It may be noted that Bali Nagar is far away from Model Town. The residence of the deceased is stated to be at B125, Gujjranwala Town. The Khetarpal hospital is at Bali Nagar, which is far away, may be about 20 kms away from Gujjranwala Town.

107. If she had become drowsy immediately on taking the drink it sounds strange that how she was able to stop the TSR outside the house of deceased and then get into the same and ask him to take her to Khetarpal hospital. If she was really in a bad condition, she could have opted for a nearby hospital as Khetarpal hospital was far away from there. It is also strange that as to how she could have explained about the location of the Khetarpal hospital to the said TSR driver, if she had been intoxicated by anything administered to her by the deceased at his house. The gastric lavage of the accused Neerja Sharma on 310705 was sent to FSL FIR No. : 480/05 Page no. 81 for examination, in which it was reported that the same contained Alprazolam. Dr. Shashi Bhushan had clarified in his examination that Alprazolam is a potent anti anxiety and tranquiliser. First and foremost it is noted that Neerja Sharma was already taking treatment from Dr. Shashi Bhushan who was a psychiatrist. He had diagnosed her to be patient of hypertension and after examining her, he had prescribed anti depressant medicine to her. If for a moment one was to believe that Alprazolam was mixed in the cold drink of the accused Neerja Sharma by the deceased, one has to understand that she could not have started immediately feeling heavy after taking the same as the medicine would have taken substantial time to react. The FSL report does not show the quantity of concentration of Alprazolam in the gastric lavage. Could it have made her drowsy in the very beginning?

108. Contrary to that she reaches the Khetarpal FIR No. : 480/05 Page no. 82 Hospital at Bali Nagar, about 20 kms away from the house of the deceased and got herself admitted there by saying that she had taken some unknown liquid. She does not even tell anyone there whether she had taken the liquid herself accidentally or somebody had administered the same to her. She does not say so to the doctor attending to her, she does not say to the doctor Anil Khetarpal, in whose hospital she was admitted and she also does not say so to the police official, who comes there having received DD entry no. 28A from the PCR.

109. Thus, from these very circumstances, it can be deciphered that the accused persons were cooking up the whole story and making up records (as they had done on 300705, one day before) and the possibility of same gastric lavage having been manufactured to make out a case cannot be ruled out.

110. The call detail records of Neerja Sharma Ex.PW11/B show that she was in constant touch with FIR No. : 480/05 Page no. 83 the accused R.R. Sharma, throughout on 310705; she called him in the morning at 10.37 am and at 10.43 am and even in the evening at 4.06 pm. Then she gets admitted in the hospital and thereafter at night she makes a call to him from 10.38 pm to 11.10 pm.

111. On 010805, she was in touch with accused R.R. Sharma also while she remained admitted in the Khetarpal hospital. She also had a long conversation with the deceased on 010805 at the night time and then in the morning on 020805. When she was to be discharged from the hospital, she had made five calls from 9.34 am to 11.12 am on 020805 to the accused R.R. Sharma. Then she makes a call to the deceased at 11.42 am, then at 12.55 pm, then at 1.17 pm and then at 5.51 pm on 020805. All these calls would not have been made her to deceased if she was aggrieved that he mixed something in her drink and molested her. These calls only strengthen the accusations that they created such pressure on the deceased to relent to their FIR No. : 480/05 Page no. 84 demands. She makes the complaint Ex.PW22/C in the PSModel Town against the deceased in the morning as her arrival and departure entry has been recorded by the SI Kishan Lal PW22 at 3.30 pm after she had come there and had made the complaint against the deceased and had left. This shows that between the period of her discharge from the Khetarpal hospital to the period when she went to the PSModel Town to lodge the complaint, she had telephoned the deceased and had long conversation with him three times in that period. Besides this, during that period she also telephoned accused R.R. Sharma at 1.04 pm, 2.10 pm, 3.31 pm and 3.35 pm on that day. The call detail of that day shows that she was alternatively in touch with the accused R.R. Sharma and the deceased on that date before finally making the complaint Ex.PW22/C against the deceased at PSModel Town.

112. All these facts taken together goes to show that all three accused together had created such a pressure on FIR No. : 480/05 Page no. 85 the deceased which no normal man could withstand. The pressure was created by accused R.R. Sharma and Neerja Sharma to bulldoze the deceased. The deceased who was the Retd. Colonel having served his life in the Army and now working as a Security Officer, cannot be said to be a man of weak disposition and it cannot be said that he could not have withstood normal pressure or threat from anybody. He was a family man belonging to service class, having a wife and daughter to look after. As apparent from the statements of his wife i.e. PW10; Shri Dharamvir PW16, who was working with the deceased at NDPL; his own suicide note Ex.PW10/B and his complaint Ex.PW10/A, that he was leading a normal family life. Accused R.R. Sharma, exercised the influence of his post as ACP in Delhi Police to bulldoze the deceased into doing things which he did not want to do and which were unethical and unlawful for him. For this he even called Neerja Sharma and deceased to his office on 290705.

FIR No. : 480/05              Page no. 86
    113.        Accused     Neerja   Sharma   created   the   drama   of

having taken some poison on 300705 and then of having been administered something intoxicating by the deceased on 310705 and alleging that the deceased tried to molest her on 310705. She was facilitated in creating this scene and drama by accused R.R. Sharma as also by accused Dr. Anil Khetarpal, who further promoted this lie put forward by Neerja Sharma. The main role of being the victim was being played by Neerja Sharma, accused R.R. Sharma facilitated by exercising his own influence as Delhi Police Officer, which would weigh on the mind of any common man and Dr. Anil Khetarpal facilitating Neerja Sharma in her unlawful acts, who himself being a doctor and owner of hospital, went along with Neerja Sharma to project to deceased that she had taken the poison on 300705 and then creating the record that she had been given some unknown poison/liquid on 310705 by the deceased which all would put any FIR No. : 480/05 Page no. 87 common man under extreme stress and pressure.

114. All these circumstances and facts were enough to put any human of ordinary prudence into a situation where he finds no way to wriggle out except to end his life. The deceased had said so in his suicide note; he had said so in his complaint which was made 45 days before the suicide.

115. I thus hold that by this acts and conduct, all three accused persons had driven the deceased H.S. Gill to end his life and commit suicide and had thus aided and abetted the deceased in committing the suicide. They all did so in league, and had thus committed the offence punishable u/s 306/120 B IPC. The prosecution has not been able to establish the charges under section 385 IPC beyond doubt. The witness PW10 talks about the demands and extortion made by the accused persons for the first time in her statement as PW10. There is no mention of the same in the suicide note or in the complaint. Hence, in the FIR No. : 480/05 Page no. 88 absence of corroboration of this fact, I admit the accused persons to the benefit of doubt and acquit them of the charges u/s 385 IPC levelled against them.

Announced on 23rd July, 2011.

(R. Kiran Nath) ASJ01/South New Delhi.

FIR No. : 480/05               Page no. 89
                                    State Vs Neerja Sharma & Ors.
                                                    FIR no.480/05
                                                 PS Vasant Kunj

23072011

Present: Shri Manoj Chaudhary, Ld. Addl. PP for the State.

All accused present on bail.

Ms. Bansuri Swaraj, proxy counsel for the main counsel Ms. Rebecca M. John for accused Dr. Anil Khetarpal.

Vide separate judgment of the date, all accused persons are convicted for having committed the offence punishable u/s 306/120 B IPC. However, all accused persons are acquitted of charges u/s 385 IPC levelled against them. The accused persons are taken into custody and their bail bonds and surety bonds are cancelled.

Case to come up for arguments on the point of sentence on 27072011.


                                                    (R. Kiran Nath)
                                                 ASJ01/Saket Court
                                                         23072011




FIR No. : 480/05              Page no. 90

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1) Ganga Dev & Ors. vs State 28 (1985) Dlt 35. on 23 July, 2011