HOSHAN A P Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-2002-9-30
SUPREME COURT OF INDIA
Decided on
September 16,2002
MOHD.HUSHAN ANDHRA PRADESH
Appellant
VERSUS
STATE OF ANDHRA PRADESH
Respondents
Cited Judgements :-
SIKHA KAR (BAIDYA) VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-8-46] [REFERRED TO]TAPAN KAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-9-60] [REFERRED TO]
MADHUSUDAN SARKAR VS. STATE [LAWS(CAL)-2008-8-28] [REFERRED TO]
MURUGABOOPATHY VS. INSPECTOR OF POLICE [LAWS(MAD)-2020-6-76] [REFERRED TO]
KRISHNA BAHADUR RAWAT (CHETTRI) VS. STATE OF SIKKIM [LAWS(SIK)-2015-3-2] [REFERRED TO]
UNDAVALI NARAYANA RAO VS. STATE OF A. P. [LAWS(SC)-2009-6-8] [REFERRED TO]
VIRENDER VS. STATE OF HARYANA [LAWS(P&H)-2003-10-105] [REFERRED TO]
CHANDRU BABU MALLAPUR VS. STATE OF KARNATAKA [LAWS(KAR)-2019-6-77] [REFERRED TO]
DIGVIJAY SINGH VS. STATE OF M.P. [LAWS(MPH)-2020-3-284] [REFERRED TO]
DINESH RANABHAI VANKAR VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-605] [REFERRED TO]
BRIJESH SINGH VS. STATE [LAWS(DLH)-2009-9-206] [REFERRED TO]
GOVIND VS. TATE OF MADHYA PRADESH NOW CHHATTISHGARH [LAWS(CHH)-2007-4-9] [REFERRED TO]
STATE OF H.P. VS. PRITHI CHAND [LAWS(HPH)-2010-7-226] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SHYAM LAL [LAWS(HPH)-2014-8-2] [REFERRED TO]
MANOJ KUMAR SON OF ROOP SINGH & OTHERS VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-9-60] [REFERRED]
JAGBIRI VS. STATE [LAWS(P&H)-2004-2-74] [REFERRED TO]
JITENDRA JAGMOHAN DODIA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-9-171] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. VINOD KUMAR [LAWS(HPH)-2011-10-55] [REFERRED TO]
VARINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-3-15] [REFERRED TO]
MUHAMMED IQBAL VS. STATION HOUSE OFFICER, MANJESHWAR POLICE STATION AND ANOTHER [LAWS(KER)-2018-10-374] [REFERRED TO]
BIPLAB DAS VS. THE STATE OF TRIPURA [LAWS(TRIP)-2020-5-47] [REFERRED TO]
SURESH VS. THE STATE (NCT OF DELHI) [LAWS(DLH)-2016-2-205] [REFERRED TO]
MOHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2003-12-34] [REFERRED TO]
NARENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-7-33] [REFERRED TO]
STATE OF H.P. VS. CHUNI LAL AND OTHERS [LAWS(HPH)-2016-5-124] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. PARVINDER SINGH @ PAMMA & OTHERS [LAWS(HPH)-2016-5-153] [REFERRED TO]
State of Himachal Pradesh VS. Mehar Chand [LAWS(HPH)-2012-4-43] [REFERRED TO]
PALANIVEL VS. STATE REP BY INSPECTOR OF POLICE THALAIVASAL POLICE STATION [LAWS(MAD)-2012-8-36] [REFERRED TO]
U SREE VS. U SRINIVAS [LAWS(MAD)-2011-9-319] [REFERRED TO]
ALOK KUMAR DUBEY VS. STATE OF C.G [LAWS(CHH)-2007-4-22] [REFERRED TO]
ASHOK KUMAR GUPTA & ORS VS. STATE (GOVT OF NCT OF DELHI) & ANR [LAWS(DLH)-2018-10-5] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SATPAL [LAWS(HPH)-2016-6-104] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJEEV KUMAR [LAWS(HPH)-2016-8-305] [REFERRED TO]
STATE OF MAHARASHTRA VS. IBRAHIM RUKNUDDIN BAGKARI [LAWS(BOM)-2019-9-70] [REFERRED TO]
SURENDER TOKAS VS. STATE NCT OF DELHI [LAWS(DLH)-2007-3-127] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. BHAGAL CHAND [LAWS(HPH)-2013-10-23] [REFERRED TO]
RAJINDER KUMAR VS. STATE OF H.P. [LAWS(HPH)-2013-10-62] [REFERRED TO]
K. SENTHIL KUMAR VS. THE STATE OF TAMIL NADU [LAWS(MAD)-2015-2-359] [REFERRED TO]
VIRENDRA SINGH MEENA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-12-13] [REFERRED TO]
NITAI BAIDYA VS. STATE OF TRIPURA [LAWS(TRIP)-2021-5-24] [REFERRED TO]
NANDITA KONWAR VS. STATE OF ASSAM [LAWS(GAU)-2019-2-151] [REFERRED TO]
STATE OF H.P. VS. KAMAL SINGH & OTHERS [LAWS(HPH)-2016-6-31] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAM BHAJAN [LAWS(HPH)-2012-7-138] [REFERRED TO]
RAFIQBHAI HABIBBHAI QURESHI VS. STATE OF GUJARAT [LAWS(GJH)-2015-3-426] [REFERRED]
SATTO VS. STATE OF PUNJAB [LAWS(P&H)-2003-10-100] [REFERRED TO]
SURESH SON OF PURUSHOTTAM VS. STATE OF CHHATTISGARH, THROUGH DISTRICT MAGISTRATE, DURG [LAWS(CHH)-2016-9-49] [REFERRED]
RAJIV NARULA VS. STATE [LAWS(DLH)-2009-8-197] [REFERRED TO]
ASHUTOSH DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-3-46] [REFERRED TO]
MANJU RAM KALITA VS. STATE OF ASSAM [LAWS(SC)-2009-5-244] [REFERRED TO]
UNDAVALI NARAYANA RAO VS. STATE OF A P [LAWS(SC)-2009-7-27] [REFERRED TO]
AJAY KUMAR VS. STATE OF H P [LAWS(HPH)-2016-10-87] [REFERRED TO]
RAJASEKAR VS. STATE [LAWS(MAD)-2016-4-247] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJEEV KUMAR [LAWS(HPH)-2014-8-73] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. PAWAN KUMAR [LAWS(HPH)-2015-1-19] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SURJIT KUMAR AND ORS. [LAWS(HPH)-2010-9-498] [REFERRED TO]
STATE OF H P VS. KRISHAN LAL S/O KESHAV RAM [LAWS(HPH)-2012-5-268] [REFERRED]
JUDGEMENT
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(1.)It is yet another unfortunate case of a young girl of 18 years whose all hopes and aspirations to live a happy married life were burnt and destroyed by the burn injuries caused by herself to end her life when the appellants subjected her to cruelty and abated the commission of suicide by her within 11 months after marriage.
(2.)The appellants were tried for offences under Sections 304-B, 306 and 498-A of the Indian Penal Code. The learned Sessions Judge, after trial acquitted them of all the charges giving benefit of doubt. On appeal, the High Court while confirming the order of acquittal under Section 304-B of the IPC, set aside the order of the acquittal recorded under Sections 306 and 498-A and convicted and sentenced them for two years' rigorous imprisonment each for the said offences making the sentences to run concurrently. Thus, aggrieved by this judgment and order of the High Court, the appellants have filed this appeal before this Court. The State has not filed any appeal against the order of the High Court confirming the order acquitting the appellants for the offence under Section 304-B IPC.
(3.)The prosecution case as projected during the trial is that the appellant No.1 is the son of the appellant No. 2. The deceased Razwana Parveen was married to the appellant No.1 on 26-4-1987. Mohammed Allauddin Asir Mansoori (PW-3), Allauddin Mansoori (PW-4), and Rahman Bee (PW-5) are the brother, father and the mother of the deceased respectively. On 9-3-1988 at about 9.30 P.M., the deceased sustained burn injuries in the house of the appellants where she was living. She was shifted to Osmania General Hospital at Hyderabad. She died at 11.00 A.M. on 12-3-1988 due to burn injuries. It was alleged by the prosecution that the deceased committed suicide because of cruel treatment of the appellants after her marriage and that the appellants were demanding dowry from her.
(2.)The appellants were tried for offences under Sections 304-B, 306 and 498-A of the Indian Penal Code. The learned Sessions Judge, after trial acquitted them of all the charges giving benefit of doubt. On appeal, the High Court while confirming the order of acquittal under Section 304-B of the IPC, set aside the order of the acquittal recorded under Sections 306 and 498-A and convicted and sentenced them for two years' rigorous imprisonment each for the said offences making the sentences to run concurrently. Thus, aggrieved by this judgment and order of the High Court, the appellants have filed this appeal before this Court. The State has not filed any appeal against the order of the High Court confirming the order acquitting the appellants for the offence under Section 304-B IPC.
(3.)The prosecution case as projected during the trial is that the appellant No.1 is the son of the appellant No. 2. The deceased Razwana Parveen was married to the appellant No.1 on 26-4-1987. Mohammed Allauddin Asir Mansoori (PW-3), Allauddin Mansoori (PW-4), and Rahman Bee (PW-5) are the brother, father and the mother of the deceased respectively. On 9-3-1988 at about 9.30 P.M., the deceased sustained burn injuries in the house of the appellants where she was living. She was shifted to Osmania General Hospital at Hyderabad. She died at 11.00 A.M. on 12-3-1988 due to burn injuries. It was alleged by the prosecution that the deceased committed suicide because of cruel treatment of the appellants after her marriage and that the appellants were demanding dowry from her.
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