MOHD ABDUL KHADER Vs. MOHD ABDUL AZEEZ

JUDGEMENT

(1.) THE accused was found guilty for the offences punishable under Sections 498-A and 6 of Dowry Prohibition Act by the trial Court after considering the evidence, In the appeal filed by A-1, the appellate Court held that no case is made out under Section 6 of the Dowry Prohibition Act. THE finding is correct. As far as the offence under Section 498-A, IPC is concerned, there is evidence of P.W.2 who is the wife and also the evidence of P.W.4 who is the Investigating Officer in this case. P. W.3 is the doctor who examined P.W.2 on the requisition of P.W.4. He found injuries on her when she was examined on 10-5-90. Ex.P-15 is the wound certificate. This evidence is quite convincing and as a matter of fact, the appellate Judge didnot give much importance to this aspect. He went on considering the demand of Rs. 25,000/- etc. Further he took into consideration the statement of P.W.2 in M.C. 19/91 on the file of Ill-Metropolitan Magistrate, Hyderabad. She was examined there as P.W.1. She stated that A-1 is a good man. That itself should not be taken into consideration in view of the positive evidence in this criminal case. THEre is evidence of P.Ws. 2 to 4 and Ex.P-15 in this case. THErefore, these aspects are to be gone into by the appellate Court.

(2.) THE matter is remanded to the appellate Court to take into consideration this aspect and pass appropriate judgment on merits.