STATE OF MAHARASHTRA Vs. VASANT SHANKAR MHASANE

JUDGEMENT

(1.) TO what extent would instances of ill-treatment of a wife, repeated over a period of time and of a nature sufficiently serious, justify a conviction under section 498-A of the Indian Penal Code, is the central issue canvassed before us in this appeal. After an amendment of the Indian Penal Code and the introduction of section 498-A with effect from 25-12-1983, cruelty, which is likely to drive a woman to commit suicide or to cause grave injury to life, limb or health (whether mental or physical) of the woman, is an offence inviting a sentence which could extend to 3 years rigorous imprisonment and a fine. It was at one time contended that the definition of "cruelty" is rather vague and omnibus and that, therefore, section 498-A of the Indian Penal Code is violative of Article 14 of the Constitution of India inasmuch as it conferred arbitrary powers on the Police as well as on the courts, but this contention has been repelled by the Delhi High Court in the case of (Inder Raj Malik v. Sunita Malik) 1986 Cri. L. J. 1510. Undoubtedly, for the invocation of this section, something far more serious than petty matrimonial disputes or fights between husband and wife would be necessary, and it is for this reason that the Legislature has provided that the cruelty must be of such gravity as is likely to drive the woman to an extremity of a suicide, or that it should be of such intensity as to result in grave injury to life, limb or health.

(2.) OF some relevance is another aspect of section 498-A of the Indian Penal Code, namely, the issue as to whether instances of cruelty in the not too distant past can be taken into account even though the section came into effect only on 25-12-1983. Section 113-A of the Indian Evidence Act, 1872, which is an amendment of the same date, was specifically enacted for the purposes of removing this ambiguity. The statement of objects and reasons clarifies that if an offence under section 498-A of the Indian Penal Code comes to be committed and the facts indicate that the unfortunate incident was a build-up of what had been happening over a period of time prior to 25-12-1983, that those facts could be taken into consideration. Undoubtedly, this gave rise to the argument that it would be tantamount to retrospective application of section 498-A of the Indian Penal Code, which is impermissible in criminal jurisprudence. The legal position has, however, been set at rest through a decision of this High Court in the case of (Vasanta v. State of Maharashtra) 1987 Cri. L. J. 901, wherein after an elaborate consideration of the law on the point and after summarizing the ratio laid down by the Supreme Court in a series of cases, it has been conclusively held that the earlier incidents and facts prior to 25-12-1983 are relevant. Exclusion of this material would, in a number of cases render section 498-A of the Indian Penal Code nugatory because it would deprive the Prosecution of an opportunity of establishing the chain of events that culminated in the last unfortunate act. Having cleared the air with regard to the legal position, we proceed with the facts of the present case to the extent they are essential for decision of this appeal.

(3.) THE respondent No. 1 before us is a Sub-Inspector of Police, who at the material time, was attached to the Yellow Gate Police Station, Greater Bombay. His mother was originally cited as Accused No. 2. Though the present appeal is directed against an order of acquittal passed in favour of both the Accused, original Accused No. 2 - the mother, having died during the pendency of the appeal and, consequently, the appeal having abated as against her, we are only concerned with Accused No. 1, who is the respondent No. 1 before us. He was married to Sadhana on 22-4-1983. Sandhana was aged about 19 years when she got married and had studied upto the 9th standard and was able to read and write Marathi, Hindi and English. The alliance was brought about by one Haibati Ganpat Kamble after the girl Sadhana was brought from her native village Kalambi, Taluka Balapur, District Akola, where her parents reside. The mother of Sadhana, Kaushalyabai (P. W. 17), and her father, Vishwanath Wankhede (P. W. 16), reside at Kalambi; whereas the maternal aunt of the girl, Satyabhama Tayade (P. W. 5), and her husband Sawanji Tayade (P. W. 3), reside at Hariyali Village, Vikhroli, bombay. The relations are of some consequence because these persons figure in the list of witnesses and there are certain communications that have been addressed to some of these witnesses. Another maternal aunt of the deceased Sadhana by the name of Narmadabai stays at the Nashik Thermal Power Station, Nashik, along with Gajanan, who is her son. There is also a reference at some places to the daughter of Satyabhama Tayade, by the name of Shobha, a girl who is the cousin of the deceased Sadhana.