YASH PAUL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Crl. Misc. petition No. 22300-M 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 304-B/34 IPC of PS Central Faridabad.

(2.) 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. 3-4 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 and 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 and 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.

(3.) 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.