Yash Paul Sharma vs State of Haryana

M.L. Singhal, J.

This is a Crl. Misc. petition No. 22300M of 1997 whereby Yash Paul Sharma, Devinder Sharma and Tara Chand Sharma (Yash Paul Sharma''s father) have prayed to this Court for the grant of anticipatory bail to them in case FIR No. 1120/97 dated 7.9.97 registered under section 304B/34 IPC of PS Central Faridabad.

According to the prosecution, Smt. Urmila Sharma was married to Yash Paul Sharma in the year 1994. Yash Paul Sharma was a widower. Urmila was married to him after the death of his previous wife. Yash Paul has 3 daughters and one son from his previous wife. Those daughters were married while son Devinder Sharma alias Neelu was unmarried. His marriage had been fixed. Urmila had no child from the loins of Yash Paul Sharma. According to her brother Devinder Dutt Sharma, he had given dowry in Urmila''s marriage to Yash Paul according to his financial capacity. Yash Paul and his family were not satisfied with the dowry brought by Urmila. She used to be harassed and taunted by Yash Paul Sharma and the other members of the family. Yash Paul Sharma, Devinder Sharma and Yash Paul Sharma''s father Tara Chand Sharma used to beat Urmila. She brought these incidents to the notice of her brother and also on her visits to him at his house. Devinder Dutt Sharma and his family advised Yash Paul Sharma and his family not to harass and taunt Urmila on the point of dowry. They however did not mend themselves and stop harassing/taunting Urmila. Urmila was kept like a servant. Each time Urmila used to be sent to her matrimonial home by her brother in the hope that better sense would prevail and they will mend themselves but to no effect. In the last week of August, 1997, Urmila came to see her brother at Ghaziabad and narrated her woeful tale to him and other members of the family. Devinder Dutt Sharma again sent her to Faridabad to the house of Yash Paul Sharma in the hope that they will mend themselves. 34 days prior to 7.9.97, he talked to Urmila on telephone. Urmila told him that each time he sent her to the matrimonial home forcibly in the hope that they would mend themselves but instead of mending themselves, Yash Paul Sharma, his son Devinder Sharma and father Tara Chand Sharma were misbehaving with her and were desiring to get rid of her. He assured Urmila that he would advise them. On 7.9.97 at about 7 A.M., Devinder Dutt Sharma received telephonic message that Urmila was seriously ill and was admitted in Escorts Hospital & Research Centre, Faridabad. On that information, Devinder Dutt Sharma and his son Himanshu reached Faridabad at the house of Yash Paul Sharma, where his father Tara Chand met them and told them that Urmila had died in Escorts Hospital & Research Centre, Faridabad. Matter was reported to the police by Devinder Dutt through application Annexure P4 dated 7.9.97 in which he expressed his fears that his sister had been killed by Yash Paul Sharma, his son Devinder Sharma alias Neelu and father Tara Chand Sharma by administering poison in pursuance of the conspiracy which they had hatched.

It has been submitted by the learned counsel for the petitioners that there was no question of demand for dowry upon Urmila by Yash Paul Sharma, his son Devinder Sharma alias Neelu and father Tara Chand as at the time of marriage Yash Paul Sharma was 54 years old while Urmila was 47 years old. Further Yash Paul Sharma had four children from his previous marriage; 3 being daughters and one being son and those daughters were married while son was aged 25 years about to be married. Urmila was working as Principal in a private school prior to her marriage. After marriage with Yash Paul Sharma, she resigned that job and settled as housewife. Had he been a greedy person, he would not have allowed her to resign her job and settle as a housewife. He would rather have desired her to continue in that job and thus earn money. It has been further submitted that Urmila was governed by emotions. Her sister Shakuntla committed suicide when her son Anupam was one year old. Urmila took it upon herself not to marry but to devote herself to the bringing up of her nephew Anupam whose bringing up by his father would be difficult. When Anupam reached the age of majority, Urmila decided to marry and she married Yash Paul Sharma. Anupam also committed suicide six months ago by taking poison. Urmila could not reconcile to the commission of suicide by Anupam. She was emotionally and sentimentally attached to Anupam. She went in a state of depression and started complaining of regular headache. Yash Paul Sharma got her checked up first from AIIMS, New Delhi on 3.4.1997 and thereafter she was regularly checked up at AIIMS on 23.5.97 and 5.7.97. She was checked up in Escorts Hospital and Research Centre, Faridabad on 13.5.97 where she was checked up for headache and NCCT scan was done on 13.5.97. On 29.5.97, she was shown again in Escorts Hospital and Research Centre, Faridabad and again NCCT scan was conducted upon her. She was receiving regular treatment at Escorts Hospital and Research Centre, Faridabad since June 1997. Her treatment record is Annexures P1 to P3. Her brother who is an Advocate was pressing her to transfer the flat in her name situated at Ghaziabad. She did not agree to do so. She was also living under the pressure of her brother. Her brother''s two sons were involved in an incident in which they had given knife blows to someone. Criminal case was registered against them and they remained in jail. This incident also shook her mentally and she was a totally dejected and despaired person. Her dejection and despair became still more when she could not have child of her own from the loins of Yash Paul Sharma. It was case of suicide due to depression and dejection.

It has been next submitted that on 7.9.97 some construction labour were on the job at the house of Yash Paul Sharma. He was on the first floor i.e. where the construction was going on. He was informed by a lady worker that his wife was vomitting. Thereupon he immediately rushed to the ground floor and took her to the Wadhawa Nursing Home. When he was told by the doctors attending on her that she was serious, he rushed her to the Escorts Hospital and Research Centre, Faridabad where she died after two hours. He spent about Rs. 3,000/ in a span of 3 hours in treating her.

It has been next submitted that Yash Paul Sharma used to deposit Rs. 2600/ per month in account No. 41827 in the Union Bank of India branch at Faridabad which was Urmila''s account. Petitioner used to draw this amount from his firm and deposit it in the account of his wife. Entries in the pass book would show that right from January till September, 1997, Yash Paul Sharma had been depositing the amount of Rs. 2600/ in the aforesaid account of his wife. It has been further submitted that he had also transferred some shares in her name. Annexure P5 is the copy of the share certificate. It has been further submitted that he made her his nominee in his provident fund, gratuity and pension scheme.

Smt. Urmila was under treatment much before her death that took place on 7.9.97. At the time of admission, this Crl. Misc. was declined so far as Yash Paul Sharma was concerned. Devinder Sharma is only Yash Paul Sharma''s son. It appears unbelievable that he joined his father in the alleged ill treatment of his stepmother on the question of dowry. So far as Tara Chand Sharma is concerned, he is an old man of more than 70 years. It is unbelievable that he would join his son who was widower having 3 married daughters and one grown up son and who married a spinster aged 47 years for companionship only. It has been submitted that Tara Chand was residing in Kurukshetra district where he was recorded as voter and where he was holding ration card. In my opinion, it is a fit case where anticipatory bail should be allowed to Tara Chand and Devinder Sharma. It is, therefore, ordered that in the event of arrest, the investigating officer will call upon them to furnish personal bond in the sum of Rs. 10000/ each together with surety bond of the said amount. They shall join the investigation.