Citation : 2023 Latest Caselaw 115 Tel
Judgement Date : 5 January, 2023
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
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
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No. 1510 OF 2007
Dt. 05.01.2023
tk
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