STATE OF A. P. Vs. MOHD LATEEF ISMAIL

JUDGEMENT

(1.) This is an appeal preferred by the State against the judgment, dated 26.03.2008, passed in S.C.No.490 of 2007 on the file of the V-Additional Metropolitan Sessions Judge (Mahila Court) at Hyderabad, acquitting the respondents/accused for the offences punishable under Sections 498-A, 304-B and 306 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) The case of the prosecution is that on 09.02.2006 at 7.00 P.M.., P.W.1 lodged a report stating that he performed the marriage of his daughter by name Nazima Begum (hereinafter referred to as "the deceased") with A-1 in the year 2004 and at the time of marriage, on demand made by A-1 and his parents, he gave Rs.50,000/- cash, Hero Honda Motor Cycle, five tulas of gold ornaments, 25 tulas of silver ornaments and other jahez articles worth Rs.1,00,000/-. After marriage, both the couple led happy marital life for six months and thereafter, the deceased was subjected to harassment by the accused with a demand of additional dowry or Indica car. On 09.02.2006 at about 2.30 P.M., the accused poured petrol on the deceased and set her ablaze, due to which she sustained burn injuries and admitted in Osmania General Hospital. Basing on the said complaint, a case in Crime No.38 of 2006 was registered for the offences punishable under sections 498-A and 307 of I.P.C. During the course of investigation, detailed statements of the witnesses were recorded and dying declaration of the deceased was also recorded by the Magistrate; scene of offence panchanama was conducted and material objects were seized from the scene of offence. On 13.02.2006 at 7.15 P.M, the deceased succumbed to the injuries. On receipt of the death message from Osmania General Hospital, Hyderabad, Section of Law was altered to Section 304-B I.P.C. and the dead body was subjected to inquest and post mortem examination. After arresting the accused and after completing the investigation and collecting all the material papers, the police filed charge sheet against the accused before the VI-Additional Chief Metropolitan Magistrate, Hyderabad, who in turn committed the case to the Court of Sessions Division. On committal, the same came to be numbered as S.C.No.490 of 2007.

(3.) On appearance of the accused, charges under Sections 498-A, 304-B and 306 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961 were framed, read over and explained to the accused, to which they pleaded not guilty and claimed to be tried.