THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL APPEAL No.1616 OF 2005 Dated:17.12.2009 Between: Veeravali Balamani .. Appellant/Accused No.5 And State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents JUDGMENT: The fifth accused in S.C.No.195 of 2003 on the file of the IV Additional District and Sessions Judge (Fast Track Court), West Godavari District at Tanuku filed this appeal against the direction in the judgment dated 15.09.2004 to return Ex.P5, Fixed Deposit bond to the fifth accused, wife of the deceased and PW.2 Veeravalli Venkayamma, mother of the deceased, for taking the amount of Fixed Deposit in equal shares on expiry of the appeal time. The fifth accused, along with four others, was prosecuted for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code in connection with the homicidal death of Veeravalli Raju, the husband of the fifth accused, on 23.08.2002 and the learned Sessions Judge found in the judgment dated 15.09.2004 that the prosecution failed to establish the guilt of the accused Nos.1 to 5 beyond reasonable doubt and consequently acquitted them. While so acquitting the accused, the learned Sessions Judge passed the impugned property order concerning the Fixed Deposit Receipt. The charge sheet discloses that accused Nos.1 and 4 gave Rs.68,000/- towards Stridhana to the fifth accused at the time of her marriage with the deceased on 23.08.2002 and it was from that amount Rs.40,000/- was deposited under the Fixed Deposit certificate in question jointly in the names of the deceased and the fifth accused. The charge sheet further discloses that it was under the mediator’s report dated 24.08.2002 at the house of the first accused that the Fixed Deposit Receipt in question was seized by the police. PW.6, one of the mediators for the said Ex.P4 mediator’s report, spoke about the seizure of Ex.P5 Fixed Deposit Receipt, which was corroborated by the Circle Inspector of Police as PW.14, who stated about such seizure from the house of the first accused. Either the specific evidence above referred to or any other material on record did not disclose any other circumstances relating to Ex.P5 Fixed Deposit Receipt. The grievance of the fifth accused in the present appeal is that the Fixed Deposit bond seized from the house of the first accused was in respect of amount given to her by her parents at the time of her marriage, in which PW.2 has no right, and she, therefore, desired the impugned property order to be reversed. PW.2 Veeravalli Venkayamma, mother of the deceased, did not enter any appearance in this appeal, in spite of personal service of notice of this appeal, and in her evidence before the trial Court, she has stated that it was the parents of the fifth accused, who gave Rs.68,000/- at the time of the marriage of the fifth accused with the deceased, out of which, Rs.40,000/- was kept in Fixed Deposit. She also spoke about the disputes about the amount in Fixed Deposit and she again stated that there were no disputes between the fifth accused and the deceased about the said Fixed Deposit bond during their marital life. PW.2 did not lay any claim for any portion of the amount covered by the Fixed Deposit in her evidence and she never requested the Court to give her any share in the amount covered by the Fixed Deposit Receipt. The trial Court appeared to have been probably influenced by the Fixed Deposit Receipt disclosing the amount to have been deposited jointly by the deceased and the fifth accused and the mother also being one of the legal heirs of the deceased under the personal law of the parties. However, a criminal Court while passing a property order will make no final determination of the civil rights of the parties and if any order for disposal of the property is passed, the conclusion of the trial Court under Section 452 of the Code of Criminal Procedure is only about the disposal or delivery to any person claiming to be entitled to possession of any property or document produced before it. Such property order for delivery of any property to any person claiming to be entitled to the possession thereof is always subject to the determination of the rights and liabilities of any persons concerning such property by a civil Court. But what the criminal Court is concerned is only about the entitlement to possession of the property or document which was produced before it. When the Fixed Deposit Receipt was seized from the house of the first accused and when the criminal Court found that the allegations about the criminal liability of any accused were not proved beyond reasonable doubt, the Fixed Deposit bond ought to have been returned to the fifth accused, who is the survivor of the two who deposited the amount with the bank. More so, when it is the admitted case of the prosecution and even PW.2 that the amount in Fixed Deposit was part of the Stridhana of the fifth accused given by her parents at the time of her marriage with the deceased, the fifth accused ex facie will be exclusive owner of the property over which PW.2 could not have laid any claim and consequently the property order passed by the trial Court has to be interfered with. If PW.2 has any right over the amount covered by the Fixed Deposit Receipt or desires to lay any claim over such an amount or any portion of it, it is always open to have her remedies before a competent civil Court. Accordingly, the order of the trial Court in the judgment dated 15.09.2004 in S.C.No.195 of 2003 on the file of the IV Additional District and Sessions Judge (Fast Tract Court), West Godavari District at Tanuku directing the return of Ex.P5 Fixed Deposit bond to the fifth accused/appellant and PW.2, who shall take together the bond in equal shares, is set aside and the said Ex.P5 Fixed Deposit bond shall be returned to the fifth accused/appellant on proper identification and acknowledgement. Accordingly, the Criminal Appeal is allowed. ___________________ G. BHAVANI PRASAD, J 17th December 2009 KH