BALKRISHNA PANDURANG MOGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri Deshpande for the petitioner - original accused, Shri Thakur, Asstt. Public Prosecutor for the State of Maharashtra and Shri R. M. Agrawal for the Union of India and the learned Attorney-General.

(2.) THIS is a Revision against the Judgment and Order of conviction and sentence passed by the learned Additional Sessions Judge, Pune, in Criminal Appeal No.15 of 1986, decided on 21st June 1987 under which, he confirmed the Judgment and Order passed by the Judicial Magistrate, First Class, Court No.3, Pune, on 13th February 1986 in Regular Criminal Case No.319 of 1984. Under the impugned Judgments, the petitioner has been convicted for the offence punishable under section 498a of the Indian Penal Code and he has been sentenced to suffer rigorous imprisonment for a period of 18 months and to pay a fine of Rs. 1500/-, in default, to suffer rigorous imprisonment for six weeks. THIS Revision was admitted on 23rd June 1987. By an order dated 30th April 1993, leave was granted to amend the petition and raise a contention regarding the constitutional validity of section 498a of the Indian Penal Code. Pursuant to such an amendment being carried out, by an order dated 11th June 1993, the matter has been directed to be placed before a Division Bench. On 22nd January 1998, this Court directed the issuance of notice to the Attorney-General since the constitutional validity of section 498a IPC was challenged. Shri Agrawal has appeared for the Union of India and the Attorney-General.

(3.) ON the 17th May 1984, while Yogini was feeding her child, the milk bottle fell and broke. The petitioner lost his temper at this and kicked Yogini. When she protested at her being kicked, the petitioner beat her. He thereafter went to attend his office. Yogini had an off-day. She wrote a letter to her father, which is at Exhibit-14. In the letter, she narrated the incident which had occured in the morning. She regretted that she was being harassed in the matrimonial home, both by her husband and her mother-in-law. She, therefore, made it clear that she wanted to end her life by burning herself. She regretted that her being ill-treated at the matrimonial home was a matter of concern to her parents. Rather than suffering such a situation, she preferred to put an end to her life. She recorded the fact that her husband was always saying that unless one of the three (petitioner, petitioner's mother and Yogini) dies, there won't be happiness in the home. Her only concern was welfare of her child Prachi. She referred to the fact that there was some amount standing to her credit in the Gratuity Fund and there were some ornaments which should be taken to her maternal home. She then bade farewell to all her relatives. She reiterated that she never enjoyed any happiness in the matrimonial home though it was on the recommendation of some known intermediaries that the marriage was arranged. It was difficult for her to survive there and hence, rather than suffering everyday she preferred to suffer once for all and put an end to her life. In the result, while expressing her regret that he daughter would not have the love of her mother, she prayed that the daughter should be looked after.