THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.12 OF 2008 JUDGMENT: The present appeal is filed against the judgment in S.C.No. 131 of 2003 dated 10.1.2006 passed by the learned II Additional Sessions Judge , Nizamabad, to set aside the order of acquittal and to convict the accused. By the judgment under appeal, the Court below, held that the accused 1 and 2 are not found guilty of the charges under sections 498-A, 306 and 304 of Indian Penal Code and were acquitted under Section 235 (1) of Criminal Procedure Code. The case of the prosecution in brief is that the daughter of P.W.1 was given in marriage to the accused no.1, who after living happily for some time, started harassing his wife/deceased for additional dowry and ultimately unbearable of the mental and physical torture and separation from her seven months old son due to family disputes, she committed suicide on 14.10.2002 by pouring kerosene on her body and set fire. Based on the complaint given by P.W.1, a case in crime No. 68 of 2002 was registered under Section 498-A of IPC. Upon completion of investigation a charge sheet was filed and the case was committed to the Court of Session, Nizamabad division. The learned II Additional Sessions Judge (FTC) Nizamabad, on considering the evidence available on record, disbelieving the case of the prosecution acquitted the accused. Hence, the present appeal. Heard the learned Public Prosecutor and learned counsel for respondent/accused and perused the material available on record. The parents of the deceased and other relatives turned hostile and have not supported the case of the prosecution. The deceased while recording her statement by P.W.13/Judicial First Class Magistrate, stated that her husband took away her child from her parents house and also harassed her for additional dowry, however, the parents of the deceased in the present case have not supported the said version of the ceased and P.W.1 in her evidence stated before the Court that deceased committed suicide due to unbearable stomach pain and same was informed by the deceased prior to her admission in the hospital. Thus, two views are equally possible, inasmuch as one version is of the witnesses who are close relatives of deceased and the other is the dying declaration which is uncorroborated testimony of the deceased, in such circumstances, the learned Sessions Judge has rightly acquitted the accused. It is to be noted that, it is now well settled preposition that in appeal against acquittal, if two views are possible on the basis of the evidence adduced by the prosecution, one which is in favour of the accused, the order of acquittal cannot be interfered. This Court is of the considered view that taking into consideration the evidence available on record, the learned Sessions Judge, has rightly acquitted the accused and the said order needs no interference by this Court. In the result, the appeal fails and the same is hereby dismissed. ______________ RAJA ELANGO,J DATE: 18.1.2011 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.12 OF 2008 Date: 18.1.2011