SADE GNANESWARI Vs. STATE

JUDGEMENT

(1.) On the complaint submitted by the petitioner herein, the respondents 2 to 5 (hereinafter referred to as 'respondents) were tried for the offence under Section 498-A of the Indian Penal Code by the Judicial Magistrate of First Class, Alamur in C.C.No.191 of 1996. The Trial Court found them guilty of the said offence and accordingly convicted respondent No.2 to undergo rigorous imprisonment for a period of two years and respondents 3 and 4 to undergo rigorous imprisonment for six months each. Aggrieved by the said conviction and sentences, the respondents have preferred Criminal Appeal No.28 of 2000 in the Court of the V Additional Sessions Judge, (Fast Track Court), East Godavari, at Rajahmundry.

(2.) During the pendency of the appeal, the respondents filed Crl. M.P.No. 206 of 2002 under Section 391 Cr.P.C. requesting the Court to receive two documents viz., the certified copy of the petition in M.C.No.40 of 1995 filed by the petitioner herein and her deposition therein as additional evidence. The same was opposed by the prosecution on various grounds. The lower Appellate Court through its order dated 6.1.2003 allowed the said application. Hence this revision by the de facto complainant.

(3.) Sri K. Venkatesh, learned Counsel for the petitioner submits that the application of the respondents was only to receive certain documents, but the lower Appellate Court had gone beyond the same and permitted the documents to be taken on record as well as to put the same to the petitioner herein on her being recalled. It is also his case that the respondents have not explained the reasons on account of which they were prevented from marking those documents during the course of trial in the Trial Court.