MOHAN SHARAD KHARKAR Vs. MUKUND MARTAND CHITNIS

JUDGEMENT

(1.) THIS is a private complainants appeal taking exception to the acquittal of the respondent No. 1 accused upon a charge of defamation under section 519 of the Indian Penal Code.

(2.) THE complainant is Mohan Sharad Karker, who claims to be a very brilliant student, a person of high status holding higher education amongst his friends and in the society. He is also an Advocate. The complainants sister Madhuri was married to the respondent No. 1 on 15th July 1983. This marriage proved to be a very short lived one and apparently fell on the rocks barely within a fortnight from the date of marriage. So intense was the hatred and animosity that developed between them that any effort at reconciliation and the reunion became almost inconceivable, as was evident from the spate of litigation in which they got involved very soon after the marriage. The marriage which came to be duly registered under the provisions of the Hindu Marriage Act on 25th July, 1983 ultimately resulted in a divorce on the 17th October, 1985. It appears that even the fact of the divorce did not bring an end to the litigation between the husband and wife. Alongwith them, certain of their relatives also got involved in this litigation. It is in one such criminal litigation that the present complainant got involved as an accused upon a private complaint filed by the respondent accused Mukund Chitnis.

(3.) THIS complaint was filed on the 31st October, 1983 and was registered as a Criminal Case No. 494 of 1983 on the file of the Judicial Magistrate, First class at Khardi, Pune. The criminal complaint was in respect of commission of offences under sections 420 and 378 read with section 34 of the Indian Penal Code. Arranged as the accused were, the present respondent Mukund Chitniss wife Mrs. Madhuri, her maternal uncle one C. R. Karnik and her brother Mohan Kharkar who is the present appellant in the Criminal Appeal No. 829 of 1986.