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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Sunil Parthy – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
C. Praveen Kumar, J.
Accused 1 and 2 in Sessions Case No.319 of 2014 on the file of learned Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-VI Additional Sessions Judge, Kurnool, are the appellants herein. Originally, they were tried for an offence punishable under Section 302 r/w 34 of Indian Penal Code, 1860 [for short “I.P.C.”] for causing the death of one Jithendar on 12.01.2014 at about 8.00 P.M., in the fields of Ramija Bee at the outskirts of the Orvakal village, Kurnool District.
2. Vide judgment dated 25.03.2015, the learned Sessions Judge convicted both the accused for the offence punishable under Section 302 r/w 34 I.P.C and sentenced each of them to undergo life imprisonment and to pay fine of Rs.500/- each, in default to suffer simple imprisonment for a period of six months.
3. The facts, as culled out from the evidence of prosecution witnesses, are as under:
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.
Conviction set aside - Prosecution failed to prove the circumstances relied upon by them to establish the guilt of the accused beyond reasonable doubt.
In a case arising out of circumstantial evidence, the prosecution has to prove each of the circumstance relied upon by them and the circumstances so proved should form a chain of events connecting th....
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
In circumstantial evidence murder cases, prosecution must prove each link beyond reasonable doubt forming complete chain excluding other hypotheses; deficiencies in motive, last seen, confession, rec....
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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