SATYA PRAKASH Vs. ANAND SARUP SHARMA

JUDGEMENT

(1.) The petitioner is father of deceased Ashu Sharma. He has filed this petition under Section 439(2), Cr. P.C. read with Sections 397/401. Cr. P.C. with a prayer to quash the order dated 8-11-1996 passed by Sessions Judge. Shimla whereby pre-arrest bail was granted in favour of respondents 1 and 2 by confirming the interim bail order dated 30-10-1998. Respondent No.1 is husband and respondent No.2 is mother-in-law of deceased Ashu Sharma.

(2.) Deceased Ashu Sharma was married to respondent No.1 in the year 1987. Two daughters and one son aged 10, 8 and 4 years, were born out of their wedlock. On 28-10-1998 at about 11.20 a.m. she was admitted in Casualty Ward of Indira Gandhi Medical College. Shimla with the history of poisoning, where despite treatment given by the doctors she breathed her last at 3.30 p.m. on receipt of telephonic call at 12.55 p.m. from Indira Gandhi Medical College, Shimla, police reached the hospital at 1.30 p.m. and found her in such a critical condition that her statement could not be recorded. She died at 3.30 p.m. and autopsy on her dead body was conducted on 29-10-1998. The intimation of her admission in the hospital as a result of her consuming poison as well as of death was given to the father and the brothers of deceased Ashu Sharma, who after reaching Shimla reported the matter to police. On the written complaint by the father of deceased Ashu Sharma, who is the petitioner before this Court, FIR No. 175 of 1998 under Section 304-B. I.P.C. was registered in Police Station. Shimla (East) on 29-10-1998. It was stated in the complaint that respondents used to mal-treat his daughter deceased Ashu Sharma and respondent No.1 used to demand Rs. 4,50,000/- to Rs. 6,00,000/- by hurling abuses and giving threats that he would kill all of them. It was also stated that on 26-10-1998 respondent No.1 had again repeated the said demand but deceased Ashu Sharma had instructed on telephone not to pay and heed to his demand; on which respondent No.1 gave warning on telephone that he would finish his daughter. As per the petitioner, the respondents have killed his daughter by poisoning, for which legal action may be taken.

(3.) Before the police could arrest the respondents, they filed anticipatory bail application on 30-10-1998 before Sessions Judge, Shimla, who after giving notice to the Public Prosecutor. Shimla on 30-10-1998 released respondents 1 and 2 on anticipatory bail on the condition that they would join investigation by themselves reporting at Police Station, Chhota Shimla by 5.00 p.m. on the same date. On 31-10-1998, the Sessions Judge noticed in his order that since the marriage between deceased Ashu Sharma and respondent No.1 had taken place about 11 years back. the offence allegedly committed by him and respondent No.2 might be punishable under Section 306, I.P.C. instead of Section 304. Part B I.P.C. under which Section the FIR was registered. On the basis of the statement of a neighbour of respondent No.1, in whom respondent No.1 had confined on the Diwali night that his wife deceased Ashu Sharma was threatening him to commit suicide in case he would inform her parents, brothers and other relations about her extra-marital relations with a cloth merchant of Chhota Shimla, about which he had come to know about one month back and also that she had written suicidal notes which were lying in his possession, the Sessions Judge asked respondent No.1 to hand over those suicidal notes to the Investigating Officer and directed that these be sent to Questioned Documents Examiner along with admitted handwriting of deceased Ashu Sharma and the report of the Questioned Documents Examiner be placed before him on 9-11-1998, for which date the case was adjourned. However, the report of the Questioned Documents Examiner could be produced before the Sessions Judge on 17-11-1998 when the case was heard. On 18-11-1998 pre-arrest bail was granted in favour of respondents 1 and 2 by confirming the interim bail, who had continued during the pendency of the bail application.