Karveda Narsimha Reddy vs The State Of A.P. 3 Others

Citation : 2023 Latest Caselaw 115 Tel
Judgement Date : 5 January, 2023

Telangana High Court
Karveda Narsimha Reddy vs The State Of A.P. 3 Others on 5 January, 2023
Bench: K.Surender
        THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL REVISION CASE No.1510 OF 2007

JUDGMENT:

This revision is filed by the petitioner/PW1/complainant challenging the Judgment of the I Additional Sessions Judge, Karimnagar in Sessions Case No.547 of 2006, dt.23.07.2007, whereby the Sessions Court acquitted Accused Nos.1 to 3 for the offences punishable under Section 498-A & 304-B of Indian Penal Code and Section 4 of the Dowry Prohibition Act.

2. The petitioner is the father of the deceased and the complainant in the trial Court. Aggrieved by the death of his daughter who is the wife of 2nd respondent herein and Accused No.1 in the case, complaint was filed on the allegations of harassment.

3. The Sessions Court having examined the witnesses found that PW1 and PW2 were the parents had improved their case in the Court and all the allegations which are leveled in the Court were omissions in their earlier statements and proved through Investigating Officer. The other independent witnesses PW.3 to PW.7 turned hostile to the prosecution case. Since there was no 2 evidence to infer any guilt of the accused/respondents, the learned Sessions Judge recorded acquittal.

4. Learned Counsel appearing for the petitioner would submit that injuries have been found on the body of the deceased which can be inferred that there was deliberate attempt in causing death of the deceased.

5. As seen from the record, PW14 who is Doctor opined that the cause of death was on account of 'asphyxia'.

6. This Court under revisional power under Section 401 of Cr.P.C. cannot convert a finding of acquittal into conviction. There are no grounds which are made out by the petitioner to remand the case back to the trial Court.

7. In the said circumstances, the revision fails and accordingly dismissed.

Miscellaneous applications pending, if any, shall stand closed.

__________________ K.SURENDER, J Dt.:05.01.2023 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No. 1510 OF 2007 Dt. 05.01.2023 tk