Telangana High Court
Seetharamanjaneyulu, Hyderabad And ... vs The State Of A.P.,Rep. By P.P.,High ... on 7 August, 2024
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1554 OF 2010
ORDER:
This Criminal Revision Case is filed by the petitioners aggrieved by the judgment dated 29.04.2010 in S.C.No.84 of 2006, on the file of the V Additional Sessions Judge, (Fast Track Court) Ranga Reddy District at L.B.Nagar.
2. Heard learned counsel for the revision petitioners, learned Additional Public Prosecutor for the respondent No.1/State and perused the record.
3. The de facto complainant/PW.1 along with PW.3, who are the parents of the wife of accused No.1 (deceased) had preferred the present revision questioning the acquittal of the respondent Nos.2 and 3 herein who are arrayed as accused Nos.2 and 3.
4. The accused No.1 and these respondents/accused Nos.2 and 3, were charged for the offence under Section 304(B) of IPC by the trial Court. Accused No.1 was found guilty for the offence under Section 304(B) of IPC and sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.5,000/-, in default Simple 2 Imprisonment for a period of six months. Accused Nos.2 and 3 were found not guilty by judgment dated 29.04.2010.
5. The Revision before this Court is not maintainable since the appeal has to be filed under Section 372(2) of Cr.P.C. Further, this Court is prohibited from reversing an order of acquittal in to one of conviction under Section 401(3) of Cr.P.C. Accordingly, the revision is not maintainable and appeal against the acquittal is maintainable.
6. In view of the above, the Criminal Revision Case is dismissed as not maintainable. Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 07.08.2024 mmr 3 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.1554 OF 2010 Dt. 07.08.2024 mmr