Delhi District Court
State vs Bhuvnesh Parkash Sharma on 5 November, 2011
IN THE COURT OF SHRI R.K.CHAUHAN: A S J/SPL JUDGE
(NDPS) (WEST) DELHI
SC NO:1/11
FIR no. 6/10
U/s 306/406/420/34 IPC
PS :Hari Nagar
State V/s Bhuvnesh Parkash Sharma
ORDER ON CHARGE
Present: Ld. APP for the State.
Accused Bhuvnesh Parkash Sharma in JC with counsel.
Accused Bhawna on bail with counsel.
(1) As per the prosecution case on 06.01.2010 vide DD no.
34A an information was recorded that bad smell was coming
from House no.55/19, Hari Nagar, Tilak Nagar, New Delhi. SI
P.K. Jha of Police Station Hari Nagar reached the spot
alongwith other police officials and found bad smell coming
from second floor and the door was locked. The door was
broken and dead body of a lady was found on the sofa in
highly decomposed condition. There was no injury mark
notice on her body and all house articles were in normal
condition. The place of crime was searched and on the search
below the head of dead body under pillow one suicide note
was found which was written on envelop & running into three
FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........1/18
pages. Readable contents of the suicide note are as under:
"I Sarita suicide by myself only because
of Bhuvnesh Prakash Sharma, CA in CBI HO.
He has cheated me. He has taken all my gold
jewellery near about 5 to 6 lakh and all cash
about 4 lakh from me. He has ruined my life.
He plays satta in cricket and other games also.
He is the only person who has forced me to
commit suicide. He promised me that he will
give divorce to his wife and make me his wife. I
cannot understand his planning. My last wish
is that all my jewellery and cash to be given to
my mother for my children and he may be
punished i.e. hang till death. God will never
forgive him. I am sorry my children (Jaisal &
Ashtami) (2) I have given 2.25 lakh on behalf of
Naveen Rawat, 65,000 on behalf of Rajender
Prasad and 70,000 on behalf of Rajan to B. P.
Sharma, JAO CBJ/HO all money may be
collected from him and be paid to my mother
Smt. Raj Kumari. I have borrowed Rs.10,000
from Sh. Arya and Rs.20,000 from
Sh.K.K.Sharma they may be paid and the
money may be taken from B.P.Sharma on behalf
of Dalal Bearer in canteen this money should
be taken and paid to my mother. B. P. Sharma
JAO may be punished and also his wife Smt.
Bhawna Sharma. They both are responsible and
involved (Sarita) (3) Mummy all my jewellery
and cash is with Bhuvnesh Prakash Sharma
and his wife Bhawna. She used to say ill words
on telephone to me and also threatened me to
kill. She is also involved in this planning. They
FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........2/18
should be punished (B. P. Sharma and his wife
Bhawna). He has kept all my jewellary in
Muthoot Finance Group in Paharganj all
receipts are in my purse. Bye and have u Jaisal
& Ashtami my house may be given to my
children. (Sd. English Sarita).
Mummy I have SBI slip policy + PLI and LIC.
Collect all my money and deposit it in my
children account. Jaisal and Ashtami both will
give fire to my dead body their father Kishore
Kumar may not be allowed to touch my dead
body. I have saving account in corporate on
bank in CGO (Sarita). (4) B. P. Sharma and his
wife Bhawna has planned it they both may be
punished (Sarita) his M.no. 9868218758.
9868218752 (Sarita). Bhawna W/o Bhuvensh
Sharma has to ched me .....lot i.e. why I
am ............ she is ruined my ........... I request
you to you punished B. P. Sharma has taken
50,000/ from K. K . Sharma on my behalf and
also .................. my arrear i.e. Rs.............
12,000/ from ............. he has taken ............ me
on my ........... i.e. .......... all my money ...........
may be given to my ............ father and
children ............ he has taken also taken Rs.
65,000/ on my behalf from Sh. Suraj Mal,
U................"
(2) Suicide note was shown to the father of the deceased,
who identified her handwriting as well as dead body. Dead
body was sent to DDU Hospital. Suicide note was taken into
possession. Husband of deceased came from Russia on
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08.01.10 and he also identified handwriting of suicide note as
well as his wife in the mortuary. Autopsy Surgeon in his
postmortem report has given reasons for death. Accordingly
an FIR U/s 306 IPC was registered. Viscera was kept and
sent FSL, Rohini. The contents of suicide note and writing in
the diary of deceased were found matched by FSL Rohini. It
is stated that when husband of Sarita was posted in
Afghanistan, Russia she met with accused Bhuvnesh Prakash
Sharma and illicit relations developed between them. Sarita
has got allotted the Government accommodation in Aaram
Bagh, Paharganj, Delhi in 2007 and during day time deceased
and accused Bhuvnesh both of them used to go to that house
and they used to financially help each other. Both of them
have deposited their jewellery with Muthoot Finance Ltd. and
deceased had given the money to the accused. The accused
Bhuvnesh Parkash Sharma who had promised to marry her,
asked her to take divorce from her husband and a divorce
petition was prepared which was found unsigned in her house.
When the illicit relations of Sarita & accused came to the
knowledge of coaccused Bhawna, she threatened the accused
as well deceased. Her relations came to the knowledge of her
husband and her mother Raj Kumari. The accused Bhuvnesh
Prakash refused to marry deceased as a result deceased has
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got disturbed & under depression and she committed suicide
by consuming some poisonous thing. Accused Bhawna was
granted anticipatory bail by Hon'ble High Court of Delhi and
the case was converted U/s 306/420/406/34 IPC. Accused
Bhuvnesh Prakash Sharma was arrested and at his instance
gold jewellery was recovered from Muthoot Finance.
(3) After completion of investigation, charge sheet was
filed against both the accused U/s 306/420/406/34 IPC. The
viscera & blood of the deceased were chemically examined
and as per the report of FSL dated 06.05.2011. Ex.1A, 1B &
1C were found to contain Ethyl Alcohol and Benzodiazepines
drug (Nordazepam). Exh.1C was found to contain elthyl
clcohol 51.9 mg/100 ml of blood. Final cause of death was
given by Dr.Komal Singh was respiratory depression due to
the synergistic effect of ethyl alcohol and benzodiazpine.
(4) I have heard Ld. counsel appearing for the accused
persons who has argued that both the accused are entitled to
be discharged for the following reasons:
I. That the recovery of alleged suicide note was shown from the
pillow below the head of the deceased whereas in brief the
fact written by the IO that the same was recovered from the
Almirah.
II. The ingredients of suicide note does not fulfill the
FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........5/18
requirement U/s 306 IPC and no prima facie case is disclosed.
III.There are no allegations of abetment against accused Bhawna
and it is simply written in the suicide note that jewellery was
with Muthoot Finance.
IV.There is no allegation that there was any demand by the
accused persons soon before the death of the deceased .
V. Both the accused and deceased were married having children
and there was no allegation that accused has coaxed the
deceased for marriage.
VI.No FIR was registered on the date of recovery of suicide and
it was registered on the next date for falsely implicating the
accused persons.
VII.There is nothing to show that the accused abetted the
deceased and all the receipts of Muthoot Finance were
recovered from the purse of the deceased.
VIII.As per contents of suicide note Bhawna never met with
deceased and only allegation against her is that she had
threatened the deceased and there is no instigation on
abetment by her.
(5) Brief written submissions were also filed on behalf of
the accused persons in which same facts were reiterated. In
addition it was stated that accused and deceased had cordial
relations as both were working in the same department.
FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........6/18
Deceased that the accused was married having two children
each and without obtaining divorce neither deceased nor
accused could marry. In the written arguments, Ld. counsel
has relied upon the following cases:
I. Roop Kishore Madan Vs. State 2001 (1) JCC (Delhi) 75
in this case the deceased had left the suicide note and the
contents of the same does not it instigate the deceased to
commit suicide. Proceedings U/s 306 IPC were quashed.
II. Dinesh Vs. State of Delhi 2010 (3) Crimes 122 (Delhi)
in this case it was held that intention of accused to aid or
instigate or abet the deceased to commit suicide is necessary.
III. Hans Raj Vs. State of Haryana (2004) 12 Supreme
Court Cases 257 in that case there was no direct evidence
except that there were frequent quarrels between the husband
& wife and sometime physical assault on wife, on account of
husband being addicted to consumption "Bhang" and there
was nothing accept that to show that husband instigated the
deceased to commit suicide.
(6) Ld. counsel for the accused persons vehemently argued
that there is nothing to instigate the deceased intimidating to
commit suicide. Deceased was frustrated as she was unable to
marry the accused and this fact is confirmed from the fact
that a unsigned divorce petition which she has got drafted for
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obtaining divorce from her husband. Ld. counsel for the
accused persons argued that due to frustration & depression
deceased commit suicide and accused had not done anything
within the four corners of Section 306/406/420/34 IPC.
(7) I have also heard Ld. APP for the State who submitted
that contents of suicide note are sufficient for offence U/s
306/406/420/34 IPC against both the accused persons.
Secondly, it is argued that contents of the suicide note are
matched with the handwriting of the deceased and there are
recovered jewellery articles in respect of which she had
committed suicide and misappropriation of the same
regarding the contention in the inquest paper it is stated that
the suicide note was recovered. Ld Addl. PP for the State
submitted that there is a clerical mistake in the charge sheet
and the suicide note was recovered from the pillow below the
head of the deceased and both the accused are entitled to be
charged U/s 306/406/420/34 IPC.
(8) I have considered the rival submissions made at bar and
gone through the case file carefully.
(9) The Hon'ble High Court of Delhi in 'Sarbans Singh
& Ors. Vs State of NCT of Delhi reported as 2005 (1) JCC
255 wherein it was held that :
Para 11 :
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"The law on the point as to when an
accused can be discharged or can be
charged in situation where contradictory
evidence is on record has been best laid
down in the case of Union of India Vs.
Prafulla Kumar Samal and Another
reported as (1979) 3 SCC 4. After
examining all the pros and cons the
following guideline has been laid down in
para 10 of the judgment which can be
extracted with profit :
10. Thus on a consideration of the
authorities mentioned above, the following
principles emerge :
1. That the Judge while considering the question
of framing the charges under section 227 of
the code has the undoubted power to sift and
weigh the evidence for the limited purpose of
finding out whether or not a prima facie case
against the accused has been made out.
2. Where the materials placed before the court
disclose grave suspicion against the accused
which has not been properly explained the
Court will be fully justified in framing a
charge and proceeding with the trial.
3. The test to determine a prima facie case
would naturally depend upon the facts of each
case and it is difficult to lay down a rule of
universal application. By and large however
if two views are equally possible and the
Judge is satisfied that the evidence produced
before him while giving rise to some
FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........9/18
suspicion but not grave suspicion against the
accused , he will be fully within his right to
discharge the accused.
4. That in exercising his jurisdiction under
section 227 of the Code the judge which
under the present code is a senior and
experienced court cannot act merely as a
post office or a mouth piece of the
prosecution, but has to consider the broad
probabilities of the case, the total effect of
the evidence and the documents produced
before the court any basic infirmities
appearing in the case and so on. This
however does not mean that the Judge should
make a roving enquiry into the pros and cons
of the matter and weigh the evidence as if he
was conducting a trial ."
Para12. : The first thing that this
Judgment gives us is an assurance that the court
has the power to sift and weight the evidence
although for the limited purpose of finding out
whether a prima facie case against the accused has
been made out . What is a prima facie case , the
judgment again says, would naturally depend upon
the facts of each case and then it proceeds to say
then if two views are equally possible and the
Judges are satisfied that the evidence produced
before him while giving rise to some suspicion but
does not raise grave suspicion against the accused,
he will be fully within his right to discharge the
accused.
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(10) Recently, Hon'ble High Court of Delhi in
'Rakesh Kumar Gupta Vs State' in criminal Revision petition
no. 513/2004, Judgment dated 18.9.2009 was pleased to hold
in para no. 15 and 27 as under :
Para : 15
"Thus at the time of framing of charge, the Court
is not supposed to look into the evidence of the
case in detail and is only to consider whether
there is a strong suspicion against the accused on
the basis of the material that come before it. The
court has the power to sift the evidence for the
limited purpose of finding out, whether or not a
prima facie case is made out against the accused.
However, the court is not supposed to delve
deeply into the merits of the matter and start a
roving expedition into the evidence that is brought
forth it, as if conducting a trial. Further there is
no one fixed definition that may be ascribed to the
term "prima facie " nor can the term "strong
suspicion " have a singular meaning. While
coming to the conclusion of a strong prima facie
case or strong suspicion , the court shall have to
decide each case on the basis of its own
independent facts and circumstances."
Para 27:
Thus criminal proceedings should not be set
into motion as a matter of routine. Courts ought
not to forget that criminal trial not only exposes
the person to a depleted reputation in the society
but is also cumbersome, long drawn out, and
FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........11/18
ruinous in terms of time and money. Litigation
should not be used as a tool of harassment against
another and a person should not unnecessarily be
made to go through the rigours of trial.
(11) Again in State Vs Satish Kumar reported as 2011 VIII
AD (Delhi) 533, the Hon'ble High Court of Delhi has dealt
with the requirement of material for framing charge U/s 306
IPC by holding as under :
"For an act to fall within the ambit of offence
of abetment to commit suicide an active role
instigating or aiding the doing of a thing is
required. It has to be borne in mind that
there must be proof of direct and indirect acts
of incitement to the commission of suicide.
Para 7 : The parameters of 'abetment'
have been provided in section 107 of the
Indian Penal Code. Section 107 IPC defines
abetment to mean that a person abets the
doing of a thing if he firstly, instigates any
person to do that thing; or secondly, engages
with one or more other person or persons in
any conspiracy for the doing of that thing, if
an act or illegal omission takes place in
pursuance of that conspiracy , and in order
to the doing of that thing; or thirdly,
intentionally aids, by any act or illegal
omission , the doing of that thing. Or thirdly
, intentionally aids , by any act or illegal
omission, the doing of that thing. In the case
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in hand there is no element of instigation or
engaging by the respondent / accused which
had drawn the deceased to take the extreme steps of committing suicide.
Para 8 : In Bhagwan Das Vs Kartar Singh and ors (2007 ) 11 SCC 205, the Hon'ble Supreme Court held :
"9 The word "abetment " has been defined in Section 107 IPC as follows :
Abetment of a thing - A person abets the doing of a thing , whoFirst - Instigates any person to do that thing ; or; Secondly -
Engages with one or more other person or persons in any conspiracy for the doing of that thing , if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing; or Thirdly - Intentionally aids , by any act or illegal omission , the doing of that thing.
Explanation 1 - A person who, by willful misrepresentation , or by willful concealment of a material fact which he is bound to disclose , voluntarily causes or procures , or attempts to cause or procure, a thing to be done , is said to instigate the doing of that thing .
Explanation 2 Whoever , either prior to or at the time of the commission of an act , does anything in order to facilitate the commission of the act, and thereby facilitates the commission thereof, FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........13/18 is said to aid the doing of the act.
(12) In para no. 9 of the above judgment it was held that at the stage of framing of charge, the court was to see that the fact alleged raise a strong suspicion against the accused. (13) I have carefully examined the material on record to find out whether a strong suspicion is raised against the accused persons for framing a charge against them U/s 306/420/406IPC .
(14) As per prosecution case, the deceased and accused Bhuvnesh Sharma were having close and intimate relations as they were working in the same department . It is also alleged that the husband of the deceased was posted out of the country and she developed illicit relationship with Bhuvnesh Sharma and because of their such relations , she had taken government accommodation in Aaram Bagh , Pharganj , Delhi and she along with the accused Bhuvnesh Sharma used to meet during the day time in the said flat . Thereafter, in the evening they used to go to their respective houses . In suicide note, it is clearly alleged that accused Bhuvnesh Sharma has promised the deceased to marry with her after divorcing his wife coaccused Bhawna Sharma. Both of them has decided to take divorce and one drafted divorce petition FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........14/18 was found in the house of the deceased. It is further mentioned in the suicide note that he has cheated her after taking her all gold jewellery worth about Rs. 5 to Rs. 6 Lacs and cash amount of Rs. 4 Lacs . In the suicide note, it is clearly written that "he promised that he will give divorce to his wife and make me his wife". There is a detail of amount borrowed by deceased from different persons and thereafter giving to accused Bhuvnesh Sharma who has invested the same with Muthoot Finance.
(15) The case of the prosecution is that because of these acts and omission on the part of accused Bhuvnesh Sharma alongwith his wife coaccused Bhawna, the deceased got disturbed and was under depression and committed suicide by consuming some poisonous thing.
(16) Thus, the contents of the suicide note discussed above and other material on record brings case of the accused Bhuvnesh Sharma within the four corners of class (III) and Explanation 1 of Section 107 IPC as find discussed in Bhagwan Das Vs Kartar Singh and ors (SUPRA). (17) The material on record shows prima facie that the accused Bhuvnesh Sharma has willfully misrepresented the deceased to divorce his wife and to make deceased his wife.
The acts and deeds or omission of the accused Bhuvnesh FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........15/18 Sharma prima facie amounts to intentionally aiding to commit suicide by deceased.
(18) Regarding the accused Bhawna Sharma the only allegations against her as find mentioned in the suicide note are as under: "Bhuvnesh's wife has tortured me a lot that is why I am suiciding . She has ruined my life.............. B.P. Sharma and his wife Bhawna has planned it . They both may be punished........ Mummy all my jewellary and cash is with Bhuvnesh and his wife Bhawna. She used to do ill words on telephone to me and also threatened me to kill. She has also involved in this planning. They both should be punished.
".
In the end of suicide note it is written that B.P. Sharma JAO may be punished and also his wife Smt Bhawna they both are responsible and involved."
(19) Thus, above allegations against accused Bhawna are found to be superficial and does not make out a strong prima facie case against her for the offence as alleged. However, those superficial allegations against Bhawna Sharma does not raise strong suspicion about involvement of Bhawna Sharma for the alleged offence. The material on record does not show that Bhawna has done any act or omission which has directly FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........16/18 or indirectly instigated to the deceased to commit suicide.
However, there is no strong suspicion against her to the effect that she has misappropriated any amount of deceased or to compel the deceased to part with her jewellary. The observation of the Hon'ble Mr Justice G.S. Sistani in Rakesh Kumar Gupta's case in para no. 27 referred (Supra) is quite relevant and is reproduced as under: "Thus criminal proceedings should not be set into motion as a matter of routine. Courts ought not to forget that criminal trial not only exposes the person to a depleted reputation in the society but is also cumbersome, long drawn out, and ruinous in terms of time and money. Litigation should not be used as a tool of harassment against another and a person should not unnecessarily be made to go through the rigours of trial "
(20) Thus on the basis of above material, I do not find any strong prima facie case against the accused Bhawna for the offence u/s 306/420/406/34 IPC. The material on record is not sufficient to disclose a strong prima facie case or to raise strong suspicion that Bhawna Sharma was acting in furtherance of common intention with her husband in commission of offence as alleged . Accused Bhawna Sharma is discharged accordingly.
FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........17/18 (21) However, the material on record is such which raises a strong suspicion against accused Bhuvensh Parkash Sharma for committing an offence U/s 306/420IPC and 406 IPC. Let the charge be framed against him.
ANNOUNCED IN THE OPEN COURT ON 05th November, 2011..
(RAJ KUMAR CHAUHAN) ASJ/SPECIALJUDGE(NDPS) (WEST)DELHI FIR no. 06/10 S/V Bhuvnesh Parkash Sharma Page no..........18/18