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ABHAY S. OKA, PANKAJ MITHAL
Thatireddigari Maheswara Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. The appellant-accused no.2 has been convicted for the offences punishable under Sections 148 and 302 of the Indian Penal Code, 1860 (for short, ‘the IPC’). There were eleven accused who were charged with the murder of one Shiva Prasad Reddy (for short, ‘the deceased’) by hacking him with hunting sickles. The accused were charged with offences punishable under Sections 120B, 148 and 302 of the IPC.
Accused nos.5 and 9 died during the pendency of the trial. The Trial Court found that the charge under Section 120B of the IPC has not been proved against any accused. The Trial Court also found that accused nos.6, 7 and 8 were not guilty of any offence and were acquitted. The Trial Court convicted accused nos.1 to 4 and accused nos.10 and 11 for the offences punishable under Sections 148 and 302 of the IPC.
2. Apart from the present appeal, there were appeals preferred by the coaccused bearing Criminal Appeal nos. 2130 and 2131 of 2011. By the order of this Court dated 13th July 2023, the appeals were disposed of as the learned counsel representing the appellants therein made a statement that the appellants have been granted permanent remission.
Failure of prosecution to examine independent eyewitnesses whose statements were recorded, becomes very relevant in a murder case.
(1) It is possible to form a common intention just before or during occurrence.(2) When evidence of eyewitnesses is of sterling quality, adverse inference need not be drawn – Quality is more importan....
The prosecution successfully proved the charge of murder against the accused beyond reasonable doubt, leading to the confirmation of the judgment and order of conviction.
The main legal point established in the judgment is the application of Section 302 read with 34 of the IPC, based on the premeditated and intentional nature of the act leading to the homicidal death ....
The main legal point established in the judgment is the reliance on consistent testimony of interested witnesses, corroboration of eyewitness accounts by medical evidence, and evaluation of the accus....
The testimony of relatives is not inherently suspect and can be reliable if corroborated by evidence, while conspiracy requires proof of prior agreement, which was lacking in this case.
(1) Minor discrepancies should not be given undue importance that don’t go to root of matter. Such contradictions are not material contradictions and evidence of such witnesses cannot be brushed asid....
Credible eyewitness testimony can substantiate a murder conviction despite claims of bias and the absence of a clear motive, as direct evidence holds more weight than circumstantial arguments.
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