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A. V. RAVINDRA BABU
Damarla Revathi Devi, W/o. Late Hema Raju – Appellant
Versus
Bhattu Srinivasa Rao, S/o. Veera Raghavulu @ Veera Raghavaiah – Respondent
ORDER :
1. This Criminal Revision Case came to be filed by the petitioner namely Damarla Revathi Devi, wife of late Damarla Hema Raju, who was the prosecution witness No.1 in Sessions Case No.263 of 2003, on the file of the Court of V Additional District and Sessions Judge (Fast Track Court), Guntur (for short, ‘the learned Additional Sessions Judge’), under Sections 397 and 401 of the Code of Criminal Procedure, 1972 (for short, ‘the Cr.P.C’), challenging the judgment of acquittal, dated 03.11.2004, where under the learned Additional Sessions Judge exonerated all the accused of the charges under Sections 498-A and 304-B of the Indian Penal Code, 1860 (for short, ‘the IPC’).
2. PW.1 in Sessions Case No.263 of 2003 is the mother of the deceased by name Bhattu Srivardhini. Her husband i.e., Damarla Hemaraju (LW.1) gave a statement under Ex.P-8 before the Police, which was recorded as FIR in Crime No.174 of 2000 of Mangalagiri Town Police Station, for the offences under Sections 498-A and 306 R/w.34 of IPC and was investigated into. LW.1-de-facto complainant was not examined by the prosecution as he died. Respondent No.1 herein is no other than the husband (A-1), respondent Nos.2 and 3
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Trial courts must not mechanically add charges under Section 302 IPC without sufficient evidence; proper evaluation of evidence is essential to uphold justice.
Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
(1) Dowry death – Section 302 of I.P.C. cannot be added as an alternative charge(2) In every case of Dowry related deaths, I.O. of case shall hold wide spectrum of investigation to examine and collec....
Point of Law : Ingredients of Section 304B of the IPC and even the aiding provision of Section 113B of the Indian Evidence Act, it is a presumption of law on the proof of essential ingredients mentio....
Evidence must substantiate charges for dowry-related offenses; acquittal upheld due to lack of credible proof.
The central legal point established in the judgment is the application of legal provisions related to dowry death, burden of proof, circumstantial evidence, and sentencing principles in criminal case....
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