SAMA SUBHASH REDDY Vs. S LALITHA ALIAS LALITHAMMA

JUDGEMENT

(1.) THIS criminal appeal is filed by the de facto complainant against the order of acquittal, dated 14.11.2002 passed by the V Additional Sessions Judge (Fast Track Court), Ranga Reddy at L.B. Nagar in SC No.110 of 2001.

(2.) THE de facto complainant is the elder brother of the deceased-Rani THE first respondent is the mother-in-law, second respondent is the husband and the third respondent is the father-in-law of the deceased. THEy were tried by the learned Additional Sessions Judge for the charges under Sections 302 and 498-A of IPC and were acquitted of the said charges by judgment, dated 14.11.2000 in SC No.110 of 2001. THE State did not prefer any appeal, but the de facto complainant preferred the appeal against the order of the acquittal passed by the learned Additional Sessions Judge.

(3.) AS against this, the learned Counsel appearing for the appellant/ de facto complainant contended that the de facto complainant can also prefer an appeal and in the alternative his submission is that even if the de facto complainant prefers an appeal out of mistake, the same cannot be rejected in limni, but this Court can treat the said appeal as revision as having been filed under Sections 397 and 401 of Cr.P.C. and the same can be disposed of as criminal revision case on merits.