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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Kotni Govind Rao – Appellant
Versus
State Of A. P. – Respondent
JUDGMENT :
C.Praveen Kumar, J.
As the matter underwent several adjournments, due to absence of the counsel for the appellant, we took the assistance of Sri Challa Dhanamjaya, learned Senior Counsel, who after going through the papers, assisted us in disposal of this appeal.
2. The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment, dated 06.06.2014, in Sessions Case No.233 of 2011 on the file of the learned X Additional District and Sessions Judge, Visakhapatnam at Anakapalle, wherein the sole accused was tried for the offence punishable under Section 302 I.P.C. for causing the death of one Kommireddi Lalitha Kumari (hereinafter, referred to as “the deceased”) on 14.08.2010. Vide judgment, dated 06.06.2014, the learned Sessions Judge convicted the accused under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine, to undergo simple imprisonment for a period of three (3) months.
3. The substance of the charge levelled against the accused is that he hatched a plan to grab the properties of Kommireddi Lalitha Kumari and also to avoid repa
The judgment emphasizes the high standard of proof required in cases based on circumstantial evidence and the need for a complete chain of events connecting the accused with the crime.
In a case arising out of circumstantial evidence, the prosecution has to prove each of the circumstances relied upon by them and the circumstances so relied upon should form a chain of events connect....
Prosecution must prove guilt beyond reasonable doubt, and mere circumstantial evidence without a clear chain connecting the accused to the crime is insufficient for conviction.
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....
In criminal cases based on circumstantial evidence, it is imperative that the prosecution establishes a clear chain of circumstances that unambiguously points to the guilt of the accused, without alt....
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
(1) Abetment of suicide and attempt to commit suicide – If accused gave incorrect or false answers during course of his statement under Section 313 CrPC, court can draw adverse inference against him.....
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