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K. SURESH REDDY, K. SREENIVASA REDDY
Sayaboina Venkatanarayana, Guntur Dst. – Appellant
Versus
State of AP Rep. by PP – Respondent
JUDGMENT :
(K. Sreenivasa Reddy, J.) :
Accused Nos.1 and 2 in Sessions Case No.24 of 2016 on the file of the XIII Additional District and Sessions Judge, Guntur at Narasaraopet, (hereinafter referred to, as ‘the learned Additional Sessions Judge’) are the appellants in the present Criminal Appeal. Accused Nos.1 and 2 were tried by the learned Additional Sessions Judge for the offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860 (for brevity ‘IPC’).
2. Vide Judgment, dated 19.12.2016, the learned Additional Sessions Judge convicted the accused Nos.1 and 2 and sentenced to undergo imprisonment for life each and to pay a fine of Rs.500/- (Rupees five hundred only) each, in default of payment of fine, to undergo simple imprisonment for a period of one (01) month each for the offence punishable under Section 302 read with 34 IPC. Further, accused Nos.1 and 2 were sentenced to undergo rigorous imprisonment for a period of two (02) years each and to pay a fine of Rs.100/- (Rupees one hundred only) each, in default of payment of fine, to undergo simple imprisonment for a period of fifteen (15) days each for the offence punishable under Section 201 read w
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.
Circumstantial evidence must be conclusive, with no gaps in the chain, to establish guilt beyond reasonable doubt, as per Indian law.
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
The judgment emphasizes the principle that the guilt of the accused must be proved beyond all reasonable doubt, especially in cases based on circumstantial evidence.
(i) Acquittal – Merely because appellate Court can take another view, it cannot be a ground for reversing the judgment of acquittal.(ii) Chain of circumstances – The prosecution is required to prove....
The court ruled that both the 'last seen together' theory and extra-judicial confessions require corroboration and cannot independently sustain a conviction.
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