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2022 Supreme(AP) 614

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. Ravindra Babu, J.
Damarla Revathi Devi, W/o. Late Hema Raju, - Petitioner
Versus
Bhattu Srinivasa Rao, S/o. Veera Raghavulu @ Veera Raghavaiah - Respondents
Criminal Revision Case No.449 Of 2005
Decided On : 20-10-2022

Advocates Appeared:
For the Petitioner: Sri M. Radha Krishna.
For the Respondents: Sri K. Rama Koteswara Rao.

Headnote:

Indian Penal Code, 1860 – Section 302, 498A, 304-B, 306 – Criminal Procedure Code, 1973 – Sections 397, 401, 313, 386 – Evidence Act, 1872 – Section 113-B – Criminal Revision Case – Offence of murder – Husband or relative of husband of a woman subjecting her to cruelty – Dowry death – Abetment of suicide – Calling for records to exercise powers of revision – Criminal Revision Case came to be filed by petitioner wife who was the prosecution witness No.1 in Sessions Case file of Court of V Additional District and Sessions Judge (Fast Track Court), Guntur under Sections 397 and 401 of Code of Criminal Procedure, 1972, challenging judgment of acquittal, , where under learned Additional Sessions Judge exonerated all accused of charges under Sections 498-A and 304-B of Indian Penal Code, 1860 – Held, Court hold that petitioner in the maintenance case before trial Court is able to prove that respondent neglected to maintain her in spite of the fact that he has sufficient means to maintain her and that she is unable to maintain herself – Court hold that contention of the Revision Petitioner in Criminal Revision Case to defeat claim of petitioner is not at all tenable and Revision Petitioner in Criminal Revision Case is entitled to maintenance to that per month as against per month – Criminal Revision dismissed.

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 are the in-laws (A-2 and A-3) and respondent No.4 is the sister-in-law (A-4) of the deceased respectively. The respondents herein were tried by the learned Additional Sessions Judge for the charges under Sections 498-A and 304-B of IPC and they were acquitted of the charges framed by virtue of the judgment in Sessions Case No.263 of 2003, dated 03.11.2004. The State of A.P. seems to have not preferred any Appeal against the acquittal, but PW.1, who is the husband of the de-facto complainant (died), preferred this Criminal Revision Case under Sections 397 and 401 of the Cr.P.C.

3. The brief facts, which are germane for the purpose of deciding this Criminal Revision Case, which can be culled out from Ex.P-8, dated 04/05-09-2000, statement of the de-facto complainant i.e., husband of PW.1, are as follows :

He was living by selling stamps in Civil Courts, Vijayawada. He was blessed with four daughters and two sons. Her second daughter i.e., Srivardhini, was given in marriage to one Bhattu Srinivasa Rao (respondent No.1 herein), resident of Mangalagiri in the year 1996. At the time of marriage, he presented cash of Rs.65,000/- towards dowry and Rs.25,000/- towards other lanchanams. After marriage, he sent her daughter to her in-laws house and one year thereafter she gave birth to a male child. His son-in-law i.e., Srinivasa Rao (A-1) was addicted to consumption of alcohol and used to demand his daughter for money by beating her. A-1 used to send his wife i.e., Srivardhini to the house of her parents frequently. He complied the demands of his son-in-law. Her daughter i.e., Srivardhini came to him and told that her inlaws, sister-in-law and her husband are harassing her for getting money. On 04.09.2000 evening his daughter Srivardhini telephoned to his house and informed that she entertained a suspicion that she will be killed by her husband, in-laws and sister-in-law and her husband, for which his wife consoled her not to afraid and asked her to come to Vijayawada. After half an hour, they received a phone call that their daughter was burnt. Then his wife proceeded to Mangalagiri along with others and found her daughter in a precarious condition on the verge of death, as such she was taken to Government General Hospital, Guntur, where they were informed that her daughter Srivardhini died. Then the dead body was shifted to her in-laws house. He came to know about all these facts through his wife and entertained a suspicion that the husband of the deceased, in-laws, sister-in-law and her husband poured kerosene and killed his daughter. Basing on the statement of LW.1, the Police registered a case in Crime No.174 of 2000, dated 05.09.2000, for the aforesaid offences. Ultimately, the Sub-Divisional Police Officer concerned, after completion of investigation, l

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