BALKRISHNA PANDURANG MOGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri Deshpande for the petitioner-original accused, Shri Thakur, Assistant 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 498-A 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. 1,500/-, 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 498-A 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 498-A, Indian Penal Code was challenged. Shri Agrawal has appeared for the Union of India and the Attorney-General.

(3.) BEFORE considering the question of validity of section 498-A, Indian Penal Code, it is necessary to set out, in brief, the facts of the case. The petitioner Balkrishna married Yogini on 29th December, 1982. Yogini, the deceased, was educated upto matriculation and, since 1976, was serving at Hind Condenser Company, at Pimpri, near Pune. The petitioner was serving in the College of Military Engineering, at Dapoli, near Pune, as an Assistant in the Library. He was staying with his parents at Block No. 4/180, at the Municipal Colony, Rajendra Nagar, Pune. Soon after the marriage on 29th December, 1982, Yogini started complaining to her parents and brother about the quarrels the petitioner used to pick-up with her on petty matters and beat her. There used to be quarrels between the petitioner and Yogini as to the particular finger to be used for applying 'kumkum' (vermillon) on her forehead. The petitioner wanted Yogini to use a particular finger only and if she did not abide by such instructions, he used to be irritated and beat her. The petitioner complained that Yogini was not taught good manners and etiquettes. When she was pregnant, dispute arose between the husband and wife as to who should bear the maternity expenses. When she informed the petitioner that her parents were not in a position to bear the maternity expenses, the petitioner got enraged and had beaten her. This was conveyed by Yogini to her brother Ganesh, who has been examined as P. W. 2. Ganesh went to the petitioner's house and told him that the maternity expenses of Yogini could be borne out of the Employees' State Insurance Scheme benefits. However, the petitioner made it clear that he needed that money for some other purpose. Be that as it may, Yogini was sent to her mother' place for delivery and on 16th January, 1984 she delivered a girl-Prachi. Even in respect of applying 'kajal' (black-spot) on Prachi's cheek, there used to be quarrels between the petitioner and Yogini as to the finger to be used.