MOHD HOSHAN A P Vs. STATE OF A P
SUPREME COURT OF INDIA
MOHD. HOSHAN A. P.
STATE OF ANDHARA PRADESH
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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.
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