K SRIHARI Vs. EGUTURU CHANDRA

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 13.02.2007, passed by the Sessions Judge, Nellore, in Criminal Appeal No.154 of 2005, whereunder and whereby the conviction and sentence passed against the 1 st respondent/accused for the offence punishable under Section 306 of Indian Penal Code, vide the judgment dated 18.10.2005 in Sessions Case No.366 of 2004 by the Assistant Sessions Judge, Kavali, was set aside and acquitted the accused.

(2.) THE revision petitioner herein is the de facto complainant in Sessions Case No.366 of 2004 before the trial Court. For the sake of convenience, the parties are hereinafter referred to as they were arrayed in the Sessions Case before the trial Court.

(3.) THE case of the prosecution in brief is that PWs 1 and 2, who are husband and wife are residing in I line Janathapet North in Kavali town. The deceased Venkata Ramanamma is their elder daughter and PW 3 is their younger daughter. PW 1 is washer man by profession. According to the prosecution, prior to the offence, PW 1 with his family used to reside at Balakrishna Reddy Nagar and the accused was also residing in the same area, who is a married person. The accused was insisting the deceased Venkata Ramanamma regularly to marry him or to have sexual intercourse with him, for which the deceased refused. Due to unbearable harassment made by the accused towards the deceased Venkata Ramanamma, PW 1 shifted his family from Balakrishna Reddy Nagar, Kavali to Janathapet, Kavali under unavoidable circumstances and in a helpless situation. Even though, the accused did not leave the deceased Venkata Ramanamma and used to visit the residential area of PW 1 and subjecting the deceased Venkata Ramanamma mentally and harassing her to marry him as his second wife or in the alternative to have sexual intercourse. The deceased Venkata Ramanamma complained the said fact to her parents and when PW 1 tried to search for the accused and he used to escape.