MOHAMMED QURESHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appeal is filed aggrieved by the conviction under Sec. 306 of IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.5,000.00, in default, to suffer simple imprisonment for a period of six months, by Judgment dtd. 4/3/2020 in S.C.No.503 of 2017 passed by the II Additional Metropolitan Sessions Judge at Hyderabad (for short 'the Sessions Judge').

(2.) The case of the prosecution is that on 23/6/2015, the deceased, who is the wife of the appellant/accused was admitted to the 'Burns Ward' in Osmania General Hospital. Statement of the deceased was recorded by P.W.9 sub-inspector initially, wherein she stated that the appellant/accused, who is her husband used to consume ganja and beat her and also threatens to kill her. For the said reason, she poured kerosene on herself and set ablaze due to the said harassment. On the basis of the said complaint, the First Information Report was registered as 'Woman Burns" vide Cr.No.138 of 2015 of P.S.Kanchanbagh, Hyderabad on 24/6/2015. During the course of her treatment, she died on 27/6/2015 and for the reason of her death, the Sec. of law was altered to Sec. 306 of IPC on 1/7/2015.

(3.) During the course of her treatment, the deceased was also examined by the XVII Additional Chief Metropolitan Magistrate, Hyderabad examined as P.W.6. During the course of her statement, she stated that the appellant used to beat her and when she stated that she was going to set fire to herself, the appellant/husband encouraged and then she set fire to herself. Hearing her cries, neighbours and the husband poured water on her and took her to the Osmania General Hospital.