SANJAY SINGHAL Vs. STATE OF DELHI

JUDGEMENT

(1.) The present Revision challenges the order on charge, dated 12-2-2002 passed by the Additional Sessions Judge (hereafter "the trial court") charging the petitioner accused of having committed offences punishable under sections 348/ 306/34 IPC.

(2.) The Facts necessary to decide this present petition are that one Umesh Garg, the complainant is elder brother of Deepak Garg (hereafter referred to as "the deceased"). The deceased was at that time employed as a Senior Manager (Marketing) in the company of Sanjay Singhal (here after referred to as the Accused No.2) and Neeraj Singhal (hereafter referred to as Accused No.3). The complainant was the General Manager (Commercial) in that company. The deceased was allegedly called by the accused persons on 16.06.1999 at about 4 p.m. to their office at Sahibabad to enquire into allegations about his having taken commission from someone for the sale of goods. He was allegedly beaten up and interrogated till 9 p.m. He was allegedly stripped naked and chillis were inserted into his anus. Thereafter, the accused persons allegedly brought the deceased and complainant to their Nehru Place Office. The beatings and interrogation continued despite the deceased admitting that he received commission of Rs. 2 lakhs.

(3.) It was alleged that the accused persons were insisting that deceased had received Rs. 20 lakhs and they made him sign some documents to such effect. The Accused No.2 and 3 left their Nehru Place Office, at about 2-2.30 AM, with instructions to Accused B.K. Gupta and other officials of the company i.e. Bhushan Strips to detain the deceased and complainant in their office and that they would join again at 5 A.M. The alleged interrogation was continued by accused B.K. Gupta and at about 5 A.M. the deceased jumped from the window of the Conference Hall of the Nehru Place Office. He was then taken to AIIMS Hospital where he succumbed to his injuries.