SUPREME COURT OF INDIA
CHITRESH KUMAR CHOPRA – Appellant
Versus
STATE – Respondent
Crl.A. No.-001473-001473 / 2009
10-08-2009
D. S. MAHRA
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1473 OF 2009
ARISING OUT OF
SPECIAL LEAVE PETITION (CRL.) NO. 1827 OF 2007
CHITRESH KUMAR CHOPRA
…
APPELLANT
VERSUS
STATE (GOVT. OF NCT OF DELHI)
…
RESPONDENT
J U D G M E N T
D.K. JAIN, J.
Leave granted.
2.
This appeal by special leave is directed against final judgment
and order dated 1st February, 2007 rendered by the High Court
of Delhi at New Delhi in Criminal Revision Petition No. 62 of
2004. By the impugned judgment, the High Court has
dismissed the Revision Petition filed by the appellant herein
under Section 397 read with Sections 401 and 482 of the Code
of Criminal Procedure, 1973 (for short “the Code”), upholding
the order passed by the Additional Sessions Judge, Delhi,
dated 8th January, 2004, framing charge against the appellant
for commission of offence under Section 306 read with Section
34 of the Indian Penal Code, 1860 (for short “the IPC”) arising
out of FIR No. 329 of 2002 dated 4th July, 2002 registered at
Police Station Mehrauli.
3.
On 4th July, 2002, one Rahul Kaushik lodged the said First
Information Report (FIR) with Police Station, Mehrauli stating
that his father Jitendra Sharma (hereinafter referred to as “the
deceased”) had committed suicide on 3rd July, 2002 by shooting
himself with his licensed revolver. It was alleged that the
deceased was a partner with the appellant in this appeal along
with two other persons viz., Jahuruddin and Mahavir Prasad
and they were all engaged in the real estate business; he
committed suicide on account of the problems created by these
three persons; the deceased left behind a suicide note which
mentioned that there were some money transactions between
them and thus, these three persons had abetted the deceased
to commit suicide. For the sake of ready reference, relevant
portion of the suicide note is extracted below:
“The money of Shri Bansi Dhar and Shri Grewal is with
Ram Pashre. The money of Shri Puri and Rajendra has
been given to Ramjan, Mehrauli by Jahur and Jahur has
become dishonest. The money of B.C. Malik and K.S.
Yadav is with Mahesh, who has written the same and
given. The rest, the ex-SDE, Pamer Singh and had taken
and did not do Puri’s work.
My children known nothing about this matter. C.K.
Chopra’s money has been given by Jahur, Jahur and
2
Chopra are saying things against me and are thereby
troubling me. Kartar etc., money was taken by Jahur and
Mahavir. They had taken it. The reason for the scandal
are Chopra and his friends. They are troubling me and
are pressurizing me to write all this. I am stressed and
therefore, going away.”
4.
On completion of investigation, the police filed charge-sheet
against the said three persons including the appellant for
allegedly committing offence punishable under Section 306
read with Section 34 of the IPC. As per the charge-sheet, the
case of the prosecution in short is that there appeared to be a
dispute between the deceased and the appellant regarding
share of profits from the sale of the lands; prior to the incident,
the deceased was asked to sign a settlement paper, according
to which, the share of the deceased was reduced from 25% to
10% in favour of one Tegh Singh Chabbra and the appellant,
who were otherwise having 45% share each in the profits from
sale proceeds of lands and that due to this dispute, the
deceased was mentally harassed and pressurized by the
appellant and the other two accused, as a result whereof, the
deceased committed suicide.
5.
On being charge-sheeted, all the three accused were put up for
trial before the court of the Additional Sessions Judge. The trial
court felt satisfied that there was sufficient material on record
3
for framing of charge against all the three accused. Accordingly,
on 8th January, 2004, the following charge was framed:
“….
That y