2006 Supreme(AP) 1229

Andhra Pradesh High Court
Judges : BILAL NAZKI, M.VENKATESWARA REDDY
THIRAKALA SREEKANTH, S/O.HANUMANTNA RAO - Appellant
Versus
STATE OF A.P. - Respondent
Decided On : 10/24/2006
CRIMINAL APPEAL 1061 Of 2004

Headnote:

Law of evidence – Criminal Procedure Code, 1973 –Indian Panel Code –Sections 364 and 302 – Evedence Act – Section 106 ,114 – Undergo imprisonment – Appellant – Guilty for both the offences and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 100/-, in default undergo simple imprisonment offence under Section 364 of I. P. C he was sentenced to undergo imprisonment for life and also fined Rs. 100/-, and in default of payment of fine, he has to suffer simple imprisonment for the offence allegations against the accused, on which the charges were framed, were that he kidnapped a boy from Little Angels Public School and then caused his death by stabbing him charges were framed, the accused pleaded not guilty and claimed to be tried. Prosecution examined 23 witnesses and exhibited 54 documents defence examined one witness and exhibited one document – Prosecution story was that the deceased was a student of Little Angels Public School he used to go to school every day by school bus accused is said to have reached the school where the deceased was studying and made a false representation with the Correspondent of the school that the father of the boy was unwell and therefore he got the custody of the child from the school and took him in a car and then proceeded to a lodge and killed the boy in the room between. PW-1 is the father of the deceased boy stated that he was carrying on cloth business –Held, Fact is an inference as to the existence of one fact from the existence of some other facts, unless the truth of such inference is disproved. Presumption fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts court exercises a process of reasoning and reaches as logical conclusion as the most probable position above principle has gained legislative recognition in India when section 114 is incorporated in the Evidence Act. It empowers the court to presume the existence of any fact which it thinks likely to have happened court shall have regard to the common course of natural events, human conduct etc in relation to the facts of the case. " – Appellants would have taken the risk of dragging which was situated in the vicinity of agricultural land and well of evidence of also appears to be unnatural, as he had not disclosed the incident to anybody. High Court has correctly analysed that all the witnesses, namely are wholly unreliable as their evidence is replete with contradiction and inherent improbabilities." there is no quarrel with the principles laid down by the supreme Court. But the present case is a case where there is, sufficient evidence to come to the conclusion that the deceased did not come into contact with anybody else after he came into contact with the accused took the boy from the school in a car along with him, he occupied room in Surya lodge he left the room, locked the room and took away even the keys of the room with him – Appeal is accordingly dismissed.