Back
C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Bhukya Chilaka Bai – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
C. PRAVEEN KUMAR, J.
1. The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment, dated 21.10.2015 in Sessions Case No. 146 of 2014 on the file of the learned XIII Additional District and Sessions Judge, Narasaraopet, Guntur District, wherein accused Nos. 1 and 2 were tried and convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 [for short ‘IPC’]. Both the accused were sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/- each in default to pay fine amount, simple imprisonment for one month each for the offence punishable under Section 302 I.P.C. and further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 100/- each, in default to pay fine amount, simple imprisonment for a period of one month each for the offence punishable under Section 201 I.P.C. The substantive sentences were directed to be run concurrently.
2. The gravamen of the charge against the accused is that, on 23.06.2012 A1, on the advice of A2, who is the mother of A1, administered poison drops of FOSMITE 50% Insecticide along w
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....
(1) Sentence – Power to impose punishment of imprisonment for life without remission is conferred only on Constitutional Courts and not on Sessions Courts.(2) Remission – No right accrues to accused ....
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.
Conviction set aside - Prosecution failed to prove the circumstances relied upon by them to establish the guilt of the accused beyond reasonable doubt.
A negative viscera report does not preclude liability for poisoning if other evidence establishes the accused's guilt.
(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.....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
