SUDAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The order passed by the Additional Sessions Judge, Akola in Criminal Appeal No. 159 of 1985 on 27th Nov., 1986, confirming the conviction of the petitioner for an offence punishable under Sec. 498A of the Indian Penal Code and consequential sentence of rigorous imprisonment for three years, fine of Rs. 250.00 or in default three months rigorous imprisonment has been challenged in this revision.

(2.) The facts giving rise to this revision may be briefly stated as follows. The deceased Shalini was the daughter of PW-1, Hiraman Bhagat and Shashikala (P.W. 2). P.W. 1 Bhagat is an educated man and at the relevant time he was serving as Income Tax Officer. While Shalini was taking education in 1976 or so, she came in contact with the present petitioner Sudam. Their acquaintance which each other in course of time developed into love and then into matrimonial tie with the result that they got married in 1976. Shalini was coming from a well-to-do educated family, whereas Sudam came from a lower strata. He was not much educated as compared with Shalini.

(3.) Shalini went to her matrimonial house. Within a couple of years, she had a very bitter experience of the matrimonial house. Her husband (the present petitioner) got himself addicted to alcoholic drinks. He had hardly any earnings of his own at the initial stage. The result was harassment of Shalini at the hands of her husband and in-laws. The harassment was mental as well as physical. It is her contention that her husband used to demand some money from her parents (but through her) and if not provided, she used to be harassed. During this period, she gave birth to three children, but in spite of this, the treatment continued to be harsh. She herself and her husband started living separately from the latter's parents, but there was no change in her treatment at the hands of her ill treatment -laws. She used to be assaulted mercilessly at times; deprived of food for days together and so on. From time to time, she used to inform her parents by letters about the treatment that she was getting.