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A. V. RAVINDRA BABU
Thirumalasettysubbaiah S/o Sanjeevarayudu – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. This Criminal Revision Case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’), is filed by the petitioner, who was the appellant in Criminal Appeal No. 76 of 2007, on the file of the Court of VI Additional District and Sessions Judge (Fast Track Court), Markapur, Prakasam District (for short, ‘the learned Additional Sessions Judge’), challenging the judgment therein, dated 13.03.2008, where under the learned Additional Sessions Judge, dismissed the Criminal Appeal, confirming the conviction and sentence imposed against the accused in C.C. No. 163 of 2003, dated 12.07.2007, on the file of the Court of Additional Judicial First Class Magistrate, Markapur (for short, ‘the trial Court’) for the offence under Section 324 of the Indian Penal Code, 1860 (for short ‘the IPC’).
2. The parties to this Criminal Revision Case will hereinafter be referred to as arrayed before the trial Court, for the sake of convenience.
3. The State, represented by Sub-Inspector of Police, Dornala Police Station filed charge sheet in Crime No. 36 of 2003 under Section 324 IPC alleging in substance that PW.2 – Sivapuram Nageswaramma is the mother of PW.1 – Siv
The main legal point established in the judgment is the reliance on credible testimony of prosecution witnesses and medical evidence to establish guilt, and the non-fatal nature of non-seizure of the....
The main legal point established in the judgment is the reliance on consistent witness testimony, medical evidence, and lack of glaring inconsistency between ocular and medical evidence to determine ....
Non-recovery of the weapon used in an offense is not fatal to the prosecution's case when reliable ocular eyewitness testimony is corroborated by medical evidence of the injuries sustained.
: CONVICTION UPHELD – ACCUSE did not come with the weapon, spade with a pre-plan and he picked up the weapon from the person who was working in the field, only after such quarrel. Considering the sai....
The court emphasized the special status of injured witnesses and affirmed the need for corroboration in cases involving motive from disputes.
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