THE HONOURABLE SMT. JUSTICE RENUKA YARA CRIMINAL REVISION CASE No.450 of 2025

ORDER:

Heard Sri G. Shashidhar Reddy, learned counsel for the petitioner, Sri Rudresh Deshpande, learned Assistant Public Prosecutor for the State/respondent No.1 and Sri K. Venkatesh Gupta, learned counsel for respondent Nos.2 and 3. Perused the entire record.

2. This revision petition is filed by the petitioner/de facto complainant aggrieved by the dismissal order dated 19.02.2025 in Crl.M.P.No.13 of 2025 in S.C.No.69 of 2022 on the file of the Senior Civil Judge at Narayanpet (‘trial Court’). The said petition was filed to add additional charges under Section 302 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (‘DP Act’) read with Section 34 of the IPC against the accused/respondent Nos.2 and 3 herein along with other offences mentioned in the charge sheet.

3. The brief facts of the case are that victim Bandaru Shobha Rani was married to respondent No.2, who is a Village Revenue Assistant and their marriage took place on 11.02.2007 as per community customs. Thereafter, in-laws of the victim harassed her mentally and physically and in that regard, C.C.No.155 of 2011 was filed by her before Wanaparthi Court.

The said case was compromised before Lokadalat and victim started to live happy marital life. In the year 2017, the victim came to her parents house for Ugadi festival and on 12.04.2017 the revision petitioner herein was informed about death of the victim. When the revision petitioner and others went to the scene of offence, the dead body was already laid down on the floor by removing her from the ceiling fan. As per the prosecution case, there was quarrel between the victim and respondent No.2 herein and then she went into the room bolted the door from inside and hanged herself to the ceiling fan. The neighbours have opened the door using a pickaxe and she was removed from the ceiling fan and she died on the way to the hospital. This version is not believed by the revision petitioner herein and his family members. The revision petitioner and his family members believe that respondent Nos.2 and 3 have beaten his sister and killed her by causing injuries and falsely setup fake story. The police have registered case in Crime No.24 of 2017 under Sections 498-A and 306 of IPC and after completion of investigation filed charge sheet. In this regard, Crl.M.P.No.13 of 2025 was filed under Section 216 of Cr.P.C. with a prayer to add charges for the offences under Section 302 of IPC and Sections 3 and 4 of DP Act read with Section 34 of the IPC. The trial Court after giving an opportunity to both the parties to file their respective pleadings and after hearing them, dismissed the petition vide impugned order. Aggrieved by the same, the present revision is preferred.

4. In the grounds of revision, the petitioner pleaded that the height between the ceiling fan and the ground is too large and no person can hang themselves from the ceiling fan at the scene of offence. The 161 Cr.P.C. statements of the witnesses are not perused by the police while charging the offences. There is failure to consider the settlement of dispute between the parties before Lokadalat in C.C.No.155 of 2011. Further, it is pleaded that there is a forensic report which supports the case of murder, but not suicide. The medical evidence shows that in case of hanging/suicide the possibility of hyoid bone breaking is 57%, whereas, the said bone is intact and the joint between the body and neck are not ossified mobile. This piece of forensic evidence clearly supports the case of murder and therefore, pleaded that the trial Court ought to have exercised its power under Section 173 (8) of Cr.P.C, which permits investigation even after the Court takes cognizance of any offence. As such, it is prayed that the impugned order may be set aside and additional charges may be added under Section 302 of IPC and Sections 3 and 4 of DP Act read with Section 34 of the IPC against the accu