SURESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant-accused Suresh son of Vyankatrao Agarkar, aged about 33 years, then serving as a Block Level Supervisor in Primary Health Centre at Nagbhid, District Chandrapur, was convicted of the offence under Section 417 of the Indian Penal Code and sentenced to suffer R. I. for three months and to pay a fine of Rs. 500/-, in default of payment of fine to suffer S. 1. for one month, by the learned Judicial Magistrate, First Class, 7th Court, Nagpur by his judgment and order dated 22-6-1987, on the basis of a complaint filed by non-applicant No. 2 Smt. Meera w/o Suresh Agarkar, the present applicant, on the allegation that the applicant-accused has dishonestly induced the complainant Smt. Meera, aged 26 years, to undergo marriage ceremony with him, by professing himself to be a Bachelor, although he had his first wife alive, and thereby cheated the complainant PW 1 Smt. Meera, the present non-applicant No. 2. The learned sessions Judge, Nagpur dismissed the appeal, bearing Criminal Appeal No. 91 of 1987, filed by the applicant-accused Suresh challenging his conviction and sentences, maintaining the order passed by the learned Magistrate on 22-6-1987. The applicant-accused Suresh has, in this criminal revision application, challenged both the orders passed by the Courts below.

(2.) BRIEFLY stated, the facts of the case are as follows : the complainant PW 1 Smt. Meera, aged 26 years, is a postgraduate of the Nagpur University having taken her degree in M. A. In the year 1984, she was in search of a job and her father PW 5 sonba Govindrao Tekade was in search of a suitable bride-groom for Smt. Meera. The applicant-accused Suresh V. Agarkar, aged 33 years, who was working as a Block Level supervisor in the Primary Health Centre at Nagbhid, came to the residence of the father of the complainant Smt. Meera on 19-6-1984 along with his uncle accused No. 2 Bhaurao Agarkar and his cousin brother accused No. 3 Diwakar Khasre (both of them since discharged ). The applicant suresh showed his willingness to marry the complainant PW 1 Smt. Meera. Negotiations were made and marriage was settled. Betrothal ceremony was held on 27-5-1984. The marriage between the complainant and the applicant-accused was solemnised on 20-6-1984 as per Hindu rites in a marriage hall known as "pragati Hall" in Chhatrapati Nagar, Nagpur. At the time of the negotiations, according to the complainant, the applicant-accused had deliberately misrepresented that he was a bachelor and had dishonestly induced the complainant and her father to go into the ceremony of marriage by professing himself to be a bachelor, although in fact he had his first wife and daughter from the first wife living, which, according to the complainant, had resulted in damage and harm to her body, mind and reputation and to their property.

(3.) THE applicant-accused denied his first marriage and also denied his guilt. His marriage with the complainant PW 1 Smt. Meera was not disputed by him.