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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Thuraka Thirupathi Golla, Krishna Dt – Appellant
Versus
State of AP. , rep PP. – Respondent
JUDGMENT :
C. Praveen Kumar, J.
1. Accused Nos.1 to 5 in Sessions Case No.394 of 2007 are the appellants herein. A1 was tried for the offences punishable under Sections, 148, 302 and 307 of the Indian Penal Code, 1860 [for short ‘I.P.C’], while A2 to A5 were tried for the offences punishable under Sections 148, 307 r/w 149 and 302 r/w 149 I.P.C.
2. Vide judgment dated 30.11.2015, the learned Special Sessions Judge-cum-X Additional District & Sessions Judge, Krishna at Machilipatnam convicted A1 for the offences punishable under Sections 148, 302 and 307 I.P.C and A2 to A5 for the offences punishable under Sections 148, 302 r/w 149 and 307 r/w 149 I.P.C. Accordingly, A1 to A5 were sentenced to undergo Rigorous imprisonment for a period of three years and to pay fine of Rs.500/-, in default, to suffer simple imprisonment for a period of six months for the offence punishable under Section 148 of I.P.C.; A1 was sentenced to undergo life imprisonment and to pay fine of Rs.2000/-, in default, to suffer simple imprisonment for a period of two years for the offence punishable under Section 302 I.P.C; A1 was further sentenced to undergo rigorous imprisonment for a period of seven years and to
The main legal point established in the judgment is the need for reliability and consistency in witness testimonies and evidence presented by the prosecution to establish guilt beyond reasonable doub....
(1) While appreciating evidence in criminal cases, there cannot be a strait-jacket formula. Evidence must be appreciated from perception of a prudent common man.(2) Conduct of a stranger eyewitness t....
Long delay in holding test identification parade will weaken prosecution case.
The failure to establish motive and the unreliability of eyewitnesses render the prosecution's case unproven, necessitating the acquittal of the accused.
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
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