MD. SADIQ KHAN Vs. P.P., HYD

JUDGEMENT

(1.) This criminal appeal is filed against the judgment dtd. 21/10/2014 in S.C.No.3 of 2014, passed by the learned Principal Sessions Judge, Warangal for the offences under Ss. 498-A, 302, 304-B of Indian Penal Code (for short 'IPC') and Ss. 3 and 4 of Dowry Prohibition Act (for short 'D.P.Act') and sentenced appellant/accused No.1 to rigorous imprisonment of life and also to other punishments with fine. Aggrieved by the said judgment appellant/accused No.1 preferred this appeal.

(2.) In appeal it is mainly contended that trial Court erred in placing reliance on the evidence of prosecution witnesses 1 and 3 in convicting the appellant/accused No.1, who are interested in securing the conviction of the appellant/accused No.1, the entire case of the prosecution based on circumstantial evidence in so far as it relates to the offence under Sec. 302 of IPC. The circumstances proved by the prosecution do not form a chain to convict the appellant. It is also contended that trial court ought to have seen that the evidence on record do not satisfy the ingredients of Sec. 498-A, Ss. 3 and 4 of DP Act are not sustainable.

(3.) It is further contended that the trial Court ought to have seen that the appellant/accused No.1 is a driver who came to his house on 24/9/2012 at about 7.00 AM by the time his in laws, sisters of the deceased are present at the house and the police arrested appellant/accused No.1 and his mother and kept in police station at about 08.00 AM on the same day and the Court below ought to have seen that there is no evidence of payment of Rs.5,000.00 was secured by pledging the gold ornaments is not established and Court below ought to have seen that the evidences of the prosecution consists of contradictions and omissions and improvements as such evidence cannot form basis in convicting the appellant.