IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.NO : 740 OF 2002 Between: V.Hemvathi ..... PETITIONER AND Daddala Balaji and others. .....RESPONDENT(S) HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No. 740 of 2002 JUDGMENT: On the basis of a report given by the de facto-complainant, who was examined as P.W.1, the Sub Divisional Police Officer, Madanapalle, registered a case in Crime No.86 of 1999 against the respondents herein for the offences punishable under Sections 302, 304-B and 201 IPC and filed the charge sheet. After committal, the case was numbered as S.C.No.454 of 1999 and made over to the Court of II Additional Sessions Judge, Chittoor at Madanapalle. During the course of trial, the prosecution examined P.Ws.1 to 11 and got marked Exs.P-1 to P-22 and M.Os.1 to 13. On behalf of the accused, D.Ws.1 to 4 were examined and Exs.D-1 to D-9 were marked. Having assessed the evidence on record, the learned Sessions Judge came to the conclusion that the respondents are not found guilty of the offences for which they were tried, and accordingly, acquitted them. The State has not chosen to file any appeal questioning the said Judgment. Hence, the petitioner, who is the mother of the deceased, has filed the present revision case. 2. The case of the prosecution, in brief, is that on 26-04-1996 at Tirumala Hills, the marriage of the deceased was performed with A-1. During the time of marriage, A-1 was given a cash of Rs.30,000/- and 20 sovereign of gold as dowry. After they lived happily for sometime, the deceased gave birth to a male child, who is suffering from ‘brain fever’ due to which he was not able to sit or walk. The child was provided with medical care. After the child was born, A-1 sustained huge loss in business and felt that the loss in business was caused because of the disabled son and on that ground A-1 along with the other accused started harassing the deceased by demanding additional dowry. The deceased informed her parents several times about their harassment. On 01-07-1999, at about 6 a.m., when P.W.5 peeped through the glass pane, he found the deceased dead by hanging herself with saree tied to the ceiling fan. On the same day, A-1 gave a report to the police, who went to the scene of offence and found a suicidal note under-neath the pillow, wherein she stated that she was committing suicide because of the sickness of her child. The police registered a case and filed a charge sheet under Sections 302, 304-B and 201 IPC and investigated into the matter. 3. Heard the learned counsel for the revision petitioner and the learned Assistant Public Prosecutor for the State. 4. This court can understand the agony of the petitioner herein. No doubt, the deceased, aged about 25 years, was found dead within a span of three years from the date of her marriage. From a perusal of record, it is clear that the marriage of the deceased i.e. the daughter of P.W.1 was performed with the 1st respondent on 26-04-1996 and she was found dead on 01-07-1999, but this alone is not sufficient for this court to hold that the alleged offence falls under Section 304-B IPC. Further, this Court is conscious of the fact that this is a revision against acquittal for the offences punishable under Sections 302 and 201 IPC, where the scope of this Court is very much restricted and this Court cannot reappreciate the evidence, and even if this Court reappreciates the evidence and comes to the conclusion that the trial Court erred in recording acquittal, the maximum that can be done is to remit the matter back to the trial Court for fresh disposal in accordance with Law. However, as the alleged offence took place in the year 1996 and this revision is filed against the judgment of acquittal, this court is not inclined to entertain the revision. 5. Accordingly, the Criminal Revision Case is dismissed. ___________________ 5th August 2010 KVR