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A. V. RAVINDRA BABU
State of A. P. , Rep. By PP. – Appellant
Versus
Thammisetty Narayna Pedda Narayana – Respondent
JUDGMENT :
Both these Criminal Appeals arose as against the judgment in Sessions Case No.10 of 2002, on the file of the Assistant Sessions Judge, Markapur, dated 13.10.2004, whereunder the learned Assistant Sessions Judge, Markapur, found the respondents in Criminal Appeal No.1001 of 2008 not guilty of the charges framed against them and acquitted them under Section 235 (1) of Criminal Procedure Code (“Cr.P.C.” for short) and found the respondents in Criminal Appeal No.426 of 2007 guilty of certain charges and sentenced them accordingly. So, the Criminal Appeal No.426 of 2007 is filed questioning the quantum of sentence i.e., inadequacy of sentence and that is filed by the State. Similarly, the Criminal Appeal No.1001 of 2008 is filed as against the acquittal of the respondents therein.
2. The Sessions Case No.10 of 2002 arose out of committal order passed by the Judicial First Class Magistrate, Markapu in P.R.C.No.34 of 2001.
3. The case of the prosecution, in brief, is that the State, represented by the Station House Officer, Pedda Araveedu Police Station, filed charge sheet in Crime No.23 of 2001 of Pedda Araveedu Police Station, under Sections 147, 148, 324 and 307 of Indian Penal
The judgment underscores the principle that an acquittal should not be overturned without compelling evidence, emphasizing the importance of consistent and reliable witness testimonies in criminal ca....
The court emphasized the necessity of corroborating witness testimonies with medical evidence and recognized the spontaneous nature of the incident in determining culpability.
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
The main legal point established in the judgment is the importance of reliable eyewitness testimonies and the need for consistency with medical evidence in criminal cases.
The appellate court overturned the acquittal of the accused by establishing that reliable eyewitness and medical evidence confirmed their formation of an unlawful assembly leading to murder.
(1) Purpose of conducting a Test Identification Parade is that persons who claim to have seen offender at the time of occurrence identify them from amongst other individuals without tutoring or aid f....
Jurisdiction of Assistant Sessions Judge to try offences under Section 307 IPC upheld; testimony of injured witnesses sufficient for conviction.
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