JUDGEMENT
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(1.)This appeal has been filed against the judgment of the learned Special Judge, Gurgaon, dated 08.01.2013, convicting the appellant, Rishi Pal, for the commission of offences punishable under Section 306 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act, 1988. Vide order dated 10.01.2013, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/- for the commission of the offence punishable under Section 306 IPC and to undergo rigorous imprisonment for two years and to pay a fine of Rs.5000/- for the commission of the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. Both the sentences were ordered to run concurrently. In default of payment of fine, he is to further undergo simple imprisonment for three months, in respect of each sentence.
(2.)The facts leading up to the registration of criminal proceedings against the appellant, are that on 26.05.2010, complainant Rampal filed a written complaint (Ex.PA), to the SHO, P.S. Civil Lines, Gurgaon, the English translation of which is as follows:-
"The Station House Officer, Police Station Gurgaon.
Sir,
It is submitted that I Ram Pal son of Ram Sawroop caste Ahir am resident of village Garhi Bazidpur, Tehsil Sohna, District Gurgaon. I have three sons and one daughter. All are married and live separately in the area of Gurgaon. My eldest son, Dinesh Kumar, aged 44 years, lives in Sanjay Gram, Gurgaon, alongwith his family. He has his office in Ganpati Apartments in Flat No.411. I am presently employed as a Consultant in Reliance Haryana SEZ and after office duty, live there.
On 23.05.2010 I received a telephone call from my younger brother Dhan Singh from Faridabad that he had received a telephone call from Inspector SHO Rishipal PS DLF Phase I that he had some matter relating to Dinesh and that Dinesh be sent to him immediately; I have just come from his house and that presently the matter would be taken care of or otherwise he would have to repent afterwards. On receipt of this information I rushed to the Police Station DLF Phase I Gurgaon to meet Inspector Rishipal the Station House Officer in the afternoon, who in turn instructed me to produce Dinesh, my son on 24.05.10 at 9:00 AM. I accordingly took my son Dinesh on 24.5.10 and produced him before Inspector Rishipal in the Police Station and found 8 to 10 persons more sitting there. Call details of the mobile of Dinesh were cross checked from the call details of accused Rattan Singh and Ramesh etc. but no connection was found of accused Rattan Singh with Dinesh. At that time the Patwari of village Kasan was also present. Contents of Jamabandi were verified in which the property of some Ramesh Kumar was found entered. Handwriting of Dinesh was obtained and it was alleged that (the said entries) were in the hand of Dinesh Kumar. However, ACP Krishan Kumar said in his office that the handwriting is not of Dinesh and he directed that the investigation be conducted in a new direction. On the way Rishipal told me that no harm could be caused to him by Krishan Murari and that he would not let him go free even if the CP (Commissioner of Police) himself told him to leave him (Dinesh). At 6.00 PM after coming to the Police Station DLF Phase I Gurgaon, SHO Rishi Pal said that accepting Rs.25,000/- or 50,000/- was not as per his status and that he would not accept less than Rs.Ten Lacs and only then he could have the desired relief. For that purpose he gave me four days upto 28.05.10 and let us go. Because of that my son remained under great tension and for that purpose I visited Sohna today, where I received information about firing of a bullet, upon which I returned to Gurgaon. I found police at the office of Dinesh Kumar at Flat No.411. When I checked the papers lying on his table, I found one paper written in the hand of my son Dinesh Kumar, on which my son had written that for not fulfilling the demand of Rs.Ten Lacs of Rishipal Inspector SHO PS DLF Phase I Gurgaon, he had been harassed and due to that he was committing suicide. Therefore, my son Dinesh Kumar had committed suicide on account of having been harassed by Inspector SHO P.S. DLF Phase I. My son was compelled to commit suicide on account of his having been harassed by Inspector Rishipal. As such, legal action be taken against Inspector SHO PS DLF Phase I Gurgaon, Shri Rishi Pal and I may be provided justice.
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(3.)The police proceeding recorded on the complaint (Ex.PW38/B), goes on to say that ASI Jagdish of Police Station Civil Lines, Gurgaon, received a phone call saying that a shot had been fired in Flat No.411, Ganpati Apartment Heights and that Dinesh son of Rampal, Ahir, had been injured and had been taken to Kalyani Hospital but had died on the way there. Consequently, ASI Jagdish and HC Himmat, No.1680, Constable Mahavir, No.3190, reached Flat No.411 where the 'Scene of Crime' team was also called. The complainant, Rampal, also reached the spot and submitted his complaint, detailed hereinabove, to the police of Police Post, Sector 14, Gurgaon.
It is further recorded (as part of the police proceedings/action taken) that a suicide note was found, which was taken into possession. An offence punishable under Section 306 IPC having been made out, Constable Mahabir was entrusted with a copy of the complaint and sent to the Police Station for registration of an FIR, and for further sending special reports as required.