The power to admit additional evidence under Section 391 Cr.P.C. is discretionary and cannot be utilized to fill up gaps and lacunae in the evidence.

ORDER:

1 Since both these revisions arise out of the order dated 20.01.2017 passed in Crl.M.P.No.226 of 2016 in Crl.A.No.158 of 2015 on the file of the Court of the Special Judge for S.C & S.T (PoA) Act-cum-V Additional District & Sessions Judge, Medak at Sangareddy; and since the parties to these proceedings are one and the same, I deem it appropriate to dispose of these two revisions by this common order.

2. For the sake of convenience, parties to this proceeding will be referred to as were arrayed in Crl.R.C.No.520 of 2017.

3. The factual context depicts that on the complaint lodged by the first respondent herein, the petitioner was tried for an offence punishable under Section 498-A of IPC before the learned Judicial First Class Magistrate (Spl. Court for Proh.& Excise offences) at Sangareddy in C.C.No.117 of 2011 wherein the first respondent was examined as P.W.1. After full-fledged trial, the said calendar case ended in acquittal by judgment dated 29.01.2013. Aggrieved thereby, the first respondent herein preferred Criminal Appeal No.158 of 2015 on the file of the Court of the Special Judge for S.C & S.T (PoA) Act-cum-V Additional District & Sessions Judge, Medak at Sangareddy. Pending appeal, the first respondent filed Crl.M.P.No.226 of 2016 under Section 391 Cr.P.C. praying the appellate Court to permit her to lead additional evidence in view of the treacherous conduct of the investigating officer who had shown partisan of attitude and conducted a perfunctory investigation besides declining to give evidence before the Court leading to unjust acquittal of the petitioner herein for the offence under Section 498-A of IPC in C.C.No.117 of 2011.

4. The contention of the first respondent herein being the petitioner in Crl.M.P.No.226 of 2018 before the appellate Court was that she initially lodged a complaint before the police against the petitioner, Swathi, James Bhukya Saidamma and others which was registered as Cr.No.2 of 2008 for the offences punishable under Sections 498-A and 494 IPC, but later the police have filed charge sheet against the petitioner alone for the offence under Section 498-A of IPC only without including Section 494 IPC and Sections 3 and 4 of the Dowry Prohibition Act and other provisions of law. The investigating officer filed charge sheet in a hurried manner in collusion with the petitioner herein tailoring Section 161 Cr.P.C statements inconsistent with the complaint of the first respondent and her father. Even though she had furnished the details of the material witnesses and documentary evidence, the investigating officer intentionally did not examine them and file the same to favour the petitioner. Much has been stated that the petitioner herein subjected the first respondent to cruelty both physical and mental for want of additional dowry and also on the pretext that she could not beget children. In order to meet the unjust demands of the petitioner, the father of the first respondent sold his landed properties and gave the sale proceeds thereof to the petitioner, in spite of which, the petitioner did not mend his attitude and he misappropriated the same. Though the marriage between her and the petitioner is subsisting, the petitioner married one girl by name Swathi. The petitioner purchased various properties in the name of said Swathi and his brother and also in the name of his friend Madhav Reddy. The petitioner is an Industrial Fitter ‘Group C’ employee and he gets a meagre salary. But he constructed a multi-storeyed building with the amounts given by her father. Since the petitioner married another woman by name Swathi, the family members of said Swathi also started harassing her mentally to consent the second marriage of the petitioner with said Swathi and allow Swathi to live in the same house. It is her specific case that with regard to the harassment and other problems, panchayats were held before elders before whom the petitioner admitted his guilt and promised to look after her well. In