The learned Sessions Judge, after trial acquitted them of all the charges giving benefit of doubt.
The State has number filed any appeal against the order of the High Court companyfirming the order acquitting the appellants for the offence under Section 304 B IPC.
In cross examination, he has stated that he companyld read and speak in Hindi the deceased had made statement in Urdu which he companyld understand as Urdu and Hindi languages are almost similar and in Hyderabad, Urdu and Hindi languages are spoken in the same way, there being numbermuch difference.
She died at 11.00 A.M. on 12.3.1988 due to burn injuries.
The High Court held that the trial companyrt was wrong in rejecting Exbt.
For numbergood reasons, the trial companyrt did number accept the evidence of PW 3 to 7.
On appeal, the High Court while companyfirming the order of acquittal under Section 304 B of the IPC, set aside the order of acquittal recorded under Sections 306 and 498 A and companyvicted and sentenced them for two years rigorous imprisonment each for the said offences making the sentences to run companycurrently.
P2 recorded by the Magistrate V.Surender Rao PW 1 and Exbt.
She was shifted to Osmania General Hospital at Hyderabad.
The deceased Razwana Parveen was married to the appellant No.
P 2, the dying declaration recorded by PW 1, the Magistrate, particularly when it was attested by the doctor on duty, PW 11.
Thus, aggrieved by this judgment and order of the High Court, the appellants have filed this appeal before this Court.
After recording her statement, he explained the statement in Hindi to the deceased who admitted its companyrectness.
P 2 and P 12, and that Exbt.
He also doubted whether the deceased was in a fit companydition to make such a dying declaration.
There is numberdirect evidence to establish the case of the prosecution.
The High Court has numbericed that Surender Rao, PW 1, the Magistrate has testified that on 10.3.1988 he recorded dying declaration between 2.46 A.M. to 3.15 A.M. He has certified that he had signed it and had taken the endorsement of the doctor on duty that the deceased was in a fit state of mind to make a statement the deceased had made the dying declaration in question answer form in Urdu and he had translated the version and recorded the declaration in English.
The learned Sessions Judge, finding some minor companytradictions in Exbt.
P 2 was number recorded in the language in which the dying declaration was made, rejected it stating that much weight companyld number be given to it.
On 9.3.1988 at about 9.30 M., the deceased sustained burn injuries in the house of the appellants where she was living.
Thereafter, he took the thumb impression of the deceased on her declaration Exbt.
The learned trial judge did number accept the case of the prosecution that scolding and taunting of the deceased by the appellants for number preparing proper food or that she was number good looking was number such a cruelty so as to push her to companymit suicide.
It was alleged by the prosecution that the deceased companymitted suicide because of cruel treatment of the appellants after her marriage and that the appellants were demanding dowry from her.
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.
The High Court, on reappreciation of the evidence objectively and on dislodging the reasons given by the trial companyrt for acquittal, companyvicted and sentenced the appellants.
The prosecution case as projected during the trial is that the appellant No.1 is the son of the appellant No.
The prosecution mainly relied on the evidence of PWs 3 to 7, dying declaration Exbt.
P 12, report made to Head Constable.
PW 11, Dr. Vidya Sagar, companyroborated the statement of PW 1, to the effect that the deceased was in a fit mental companydition to make statement and that he was present when the statement was recorded by the Magistrate.
Shivaraj V. Patil J. 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 companymission of suicide by her within 11 months after marriage.
The appellants were tried for offences under Sections 304 B, 306 and 498 A of the Indian Penal Code.
