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2009 Supreme(SC) 1403

S.B.SINHA, R.M.LODHA
State of Andhra Pradesh – Appellant
Versus
S. Swarnalatha – Respondent


Advocates Appeared:
For the Appellant :Manoj Saxena, Rahul Shukla and T.V. George, Advocates.
For the Respondents:D. Ramkrishna Reddy and Ms. T. Anamika, Advocates.
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JUDGMENT

S.B. Sinha, J.—

1. The State of Andhra Pradesh is before us aggrieved by and dissatisfied with a judgment and order dated 2.8.2001 whereby and whereunder a judgment of acquittal was recorded upon setting aside a judgment of conviction and sentence dated 19.3.2001 passed by the Metropolitan Sessions Judge, Hyderabad in Sessions Case No.331 of 1998.

2. Respondents herein were accused of entering into a conspiracy with each other to commit murder of one Bal Reddy and his wife Kalavathi. They were in-laws of the accused No.1. Murder of Bal Reddy and his wife Kalavathi were committed at about 2.30 pm on 3.12.1997. Allegedly accused No.1 (the daughter-in-law of the deceased), with a view to cause disappearance of the evidence also give a false information with an intention to save the offenders from legal punishment.

Indisputably, there is no eye-witness to the occurrence. The entire prosecution case is based on circumstantial evidence. In proving its case against the respondents, the prosecution mainly relied upon the evidence of PW3 (the driver of a taxi) and PW6 (son-in-law of the deceased).

The First Information Report was lodged by one G. Damodar Reddy (son of the deceased












































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