Supreme Court of India

Mohd. Hoshan, A.P. and Anr. v. State of A.P.

Neutral citation
Reported as [2002] SUPP. 2 S.C.R. 408
Bench U.C. Banerjee and Shivaraj V. Patil JJ.
Decided 16 September 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the trial court committed manifest error in disbelieving E the dying declaration (Exbt P/2) and the evidence of PWs 3 to.

Judgment, page 5

From the headnote

Penal Code, 1860; Sections 304- , 306 and 498- : Abetment to suicide­ W!fe subjected to cruelty by husband-Suicide by burning-Charges against husband and his mother-Acquittal by trial Court on benefit of doubt-High Court o.n re-appreciation of evidence found them guilty of committing cruelty on deceased-wife and convicted under Section 306 and 498- but confirmed acquittal under Section 304- -On appeal, held, cruelty is essentially a question of fact-Mental cruelty varies from person to person depending upon the sensitivity and degree of endurance to withstand such cruelty-High Court rightly

Where later benches applied it

Of those, 3 mentioned

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