IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL REVISION ASE NO: 465 OF 2007 Criminal Revision Case filed Under Sections 397 and 401 of Cr.P.C aggrieved against lhe acquittal Order daled.2l .12.2006 made passed in S.C.No.729 of 2006 on the file of the Court of the Assistant Sessions Judge, Karimnagar. Between: ljjiglri Veeraiah, S/o. Yellaiah, R/0. Gundlacheruvupalfi, Hio. Nusthulapur, Karimnagar District. ...Petitioners/Defacto Complainant AND 1. The State of Andhra Pradesh rsplg5snted by its pUblic proSecutor, High Court of Andhra Pradesh, Hyderabad. Boddu Lachamma, W/o. Narasiah, R/o. Gundlacheruvupalli, H/o. Nusthulapur, Karimnagar District. Pli*,i,|,i,f tiil; s/o Marlaiah, Rr/o Gundlacheruvupaili, H/o. Nusthutapur, ...Respondents/Accused 2 3 Counset for the petitioner: SRt D. BHASKAR REDDY Counset for the Respondent No.l: pUBLIC PROSECUTOR (TG) Counsel for the Respondent Nos.2 and 3: NONE APPEARED The Court made the following: JUDGMENT I >--'-\ HONOURABLE JUSTICE G'SRI DEVI (RI LREVISI NCA E No. 455 of 2007 JUDGMEN": The pr *ent Criminal Revision Case is filed under Sections 397 and 401 Cr.F C', aggrieved by the order dated 21 12 2006 passed in S.C. No. 729 ol 2006 on the file of the Assistant Sessioff Judge' Karimnagar, vhereby the learned trial Court found the accused' respondent N os 2 & 3 herein' not guilty for the offence under Section 306 IP'l and acquitted them of the said charge' The alit gations in the complaint' Ex P-1' dated 03 04 2006 presented by I W'1' the husbancl of deceased' Lachamrna' are that three months 1 rior to the date of incident' the deceased asked A 1 to cleal the Pend ng dues for the milk supplied by her' on the said issue' A 1 raist C a qou"ut *ltf' the deceased and abused her ' The husband of A ' who " ;'; ;" beat the husband of the deceased with a stick "" *' nt"u;;;he questioned the highhandedness of the accused ''t" utto'"d further alleged that that the d'eceased was having exua '' 'to'itul ufiui' On account of the said incident' on 02.04'2006' at 'bout -;;;-. -:,:".;::, ":::'::-:: iumping into he agriculturat - .:^ ^- o( 2006 against the accused po\ice registe.d a case tn crime t"" 1",^,u rhe charge sheet against and arter ..:-"i:- -.., l".:.;'1^_.*J,::.::l:::" ihern tor tn "- ..,{ t\ the \$Fut' ' t'""""ntt o' "Jgh\ on recort'' ' ' trial Court found the accused not guilty of the offqpce and accordingly acquitted them of the charge under Section 306 IpC. Hence, the present revision by the de facto complainant. Heard the Iearned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the material available on record. In support of its case, the prosecution has mainly relied on the evidence of P.W.1, the husband of the deceased and p.W.2, who is the daughter of p.W.I and the deceased. The learned trial Court while evaluating the evidence of p.Ws.1 & 2, has found the evidence of P.ws.r & 2 not trustworthy o, account of material contradictions and omissions. It was observed, at para 10, as under:- ,,10. . ..Tltis pW_2 Lacltamnta. she stated ,uor" "o' ' direct ruihuss for suicide co'nmitted by sru anrr her mother Lacltathree months prior to the death of hcr ntotlur, amount anrl her nrother ,olr"o "''n' to tfu house of accased for ntilk Immediately, both the accux mn, definnded to ptt! the amount of milk. tried to rescue her motlcr , d started beatinS lur mother. l\4an her fatlar his hcad. His fathtr ,"*,r!iY.**o A-2 beat ler fatfur uith a stick on fattur ruent ," ,i,i,,,;;;;;bteeding iniury on his head. she and her did not tuke ,r;';"ii)i,n'"0 t"" teport to the potice but the porice abused her no ter r,,"riii')t' ,'lte.accused' she also deposed that A-l Rao 7 months ,rr, ,l'r)r"i"' ,s,he has got illegal contacts with one Kanka tlut except ,r,r,r"o ))ir,r*rat: Pw-1 stated in his cross-etamination present at the time of beatinnu,* l'o both the accused, no othcrs zoere death of Lachanm;';:;: :;:::,t "tt;|t took ptace 8 days pnor to the tuent to the house of both the a;c ' ' v-z tns stated tlat shc and her mother mitk amount an);";,;;;:::d,and her mother demanded them to pay tlh tht nccused started beating her mother I \ J and TLlEn his fathet tied to rescue her mother, A-2 beat him uith n stick ott his head and er father sustnined bleeding injury and thtrefore, they ruett to police statt n and submitted a report Police did not take a y action' This Pto-2 ha giaen a dit't'erent aersion' If ren y she tots prexnt at tlrc tine of tle allL ged incident PW-'1 tpoultl hatte statetl thnt his daughter was tllso present at 'lte tirne of the incident Bttt sinryly he staterl tlut he and ltis wife Lachamm tLtere alone present at tle time of incident PW-2 gaz'c anothtr oersior that one pior to ttv deatll of lur nrotlur A-1 abrced her mother to go an ! die by jumping into the u'ell' The euidence of Pw-2 is iuill full of omission: " Thus, wl ile analyzing the evidence of P Ws l & 2' the learned Eial Court had come to the right conclusion that their presence at the place of oc( urrence cannot be beiieved' Even the investigating officer, SubJnsp sctor of Police' P'W 9 has stated that P W 2 did not state in her 161 Cr'P'C' statement that three months prior to the death of her mot rer' her rnother and herself went to the house of the accused for miik amount and her mother demanded the accused to pay milk amounr uPon which' both the accused started beating her mother and whel her father tried to rescue her mother' A-2 beat her father with a strcl on his head P W g specifically aclmitteri that P W' 2 did not state bt fore him in her 161 Cr'P C that 7 months prior to the cieath of her mother' A-1 abusetl her mother that she has got illegal contacts w th one Kanka Rao 'Ihus' in view of the categorical admissions mad' by the investigating officer' P w 9 and the mater\a\ conuad' rtions t,.,n"*"""' *-:."-:":: ll;l"t *u,r,"u uia\ Co rrt *t *: *"-;;.;"". A did not sup?ott the ' ^ qince t\ 'e other Witne>'-" !\'l' -- I I I I case of the prosecution and turned hostile, the learned trial Court has rightly found that the prosecution has miserably failed to prove the guilt of the accusecl beyond all reasonable doubt and accordingly acquitted them of the charge for the offence under Section 305 IpC. This Court finds no reasons to interfere with the findings recorded by the kial Court. Hence, the Cnminal Revision Case is dismissed confirming the order of acquittal recorcled by the Assistant Sessions Judge, Karimnagar in S.C. No. 729 ot 2006, dated 21.12.2006. To, 1 2 3 SD/.CH.VENKATESWARULU //TRUE COpy// ASSTSTANT REG|STRAR LL.'/ SECTION OFFICER The Assistant Sessions Judoe. at Karimnagar. (With Records if any) rhe starion House officer, r_rr,ro Corony p;j;; U;ij;;, ilitinagar District. ,lyr""ffi::",ff;ubric Prosecutor, H,si c.r't r;,.i;" 3*il'oilf"rrng.nr, .t ffi 33 t"":fl' BHASKAR REDD', Advocare lopuc] One Spare Copy 4 6 [./ vux SB ==- \ HIGH COURT DAIEOtO7l0212022 ]RII{INAL REVIS\ON C ASE D 1.1 DISI{IISSINGTHE JUDGMENT CRLRC'No'465 of 2007 'a*?:a- rC SIA'