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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Adusumilli Nancharamma, W/o Laxmaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
(B.V.L.N. Chakravarthi, J.)
1. This is an appeal filed by the defacto-complainant under Section 372 of the Code of Criminal Procedure (for short hereinafter referred to as “Cr.P.C.,”) against the judgment dt.14.05.2015 in Sessions Case No.351 of 2014 delivered by the learned XI Additional Sessions Judge, Tenali, where under the accused No.1 was found not guilty for the offence punishable under Sections 302 of the Indian Penal Code (for short herein after referred to as “I.P.C.,”), accused Nos.2 and 3 were found not guilty for the offence punishable u/s 120-B r/w 302 of the I.P.C., and accused 1 to 3 were found not guilty or the offence punishable u/s 203 of I.P.C., and acquitted them for the said offences u/s 235 (1) of Cr.P.C.
2. It appears that, the State, represented by the Inspector of Police, Tenali Rural Circle did not prefer any appeal questioning the judgment of the learned Sessions Judge.
3. The case of the prosecution, in brief, is as follows:-
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
In the absence of any corroborating evidence, it would be highly unsafe to the award conviction for committing murder solely on the basis of medical evidence.
In cases of circumstantial evidence, the prosecution must establish a complete chain of events excluding all hypotheses of innocence. Section 106 of the Evidence Act does not shift the burden of proo....
Circumstantial evidence must provide clear connections to convict; mere suspicion and lack of motive are insufficient for establishing guilt.
The central legal point established in the judgment is the requirement for cogent and unerring circumstantial evidence to establish guilt in cases based on such evidence, and the burden on the prosec....
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