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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SURESH REDDY, K. SREENIVASA REDDY, JJ.
Manne Nagaraju - Appellant
Versus
The State of Andhra Pradesh, Rep. PP - Respondent
Criminal Appeal No. 764 of 2016
Decided On : 12-09-2024
Criminal - Murder - IPC Sections 302, 364, 201 - The court discussed the evidentiary standards for circumstantial evidence, emphasizing the last seen theory and confessional statements leading to the recovery of the body, which established the accused's guilt beyond reasonable doubt.
Fact of the Case:
The accused was charged with the murder of a child, having allegedly kidnapped and killed him due to personal grievances with the child's parents. The body was recovered based on the accused's confession.
Finding of the Court:
The court found that the prosecution established a strong circumstantial case against the accused, supported by witness testimonies and the recovery of the body, leading to a conviction.
Issues: Whether the prosecution proved the guilt of the accused beyond reasonable doubt based on circumstantial evidence.
Ratio Decidendi: The court held that the circumstantial evidence, including the last seen theory and the accused's confession, formed a complete chain of evidence pointing to the accused's guilt.
Result: The Criminal Appeal is dismissed, confirming the conviction and sentence of the accused.
JUDGMENT :
K. Sreenivasa Reddy, J.
Sole accused in S.C.No.76 of 2012 on the file of the Court of Special Judge for Trial of Cases under the S.Cs & the S.Ts (PoA) Act -cum- X Additional District & Sessions Judge, East Godavari at Rajahmundry, ("Sessions Judge" for short) is the appellant in the present Criminal Appeal. Vide impugned judgment dated 28.08.2015, in the said Sessions case he was convicted for the charges punishable under Sections 302, 364 and 201 IPC and, sentenced to undergo imprisonment for life and further directed to pay fine of Rs.25,000/-, in default of payment of fine, to undergo simple imprisonment for a period of six (6) months for the offence punishable under Section 302 IPC. The accused was further sentenced to undergo rigorous imprisonment for a period of ten (10) years and further directed to pay fine of Rs.20,000/-, in default of payment of fine, to undergo simple imprisonment for a period of five (5) months for the offence punishable under Section 364 IPC. He was further sentenced to undergo simple imprisonment for a period of five (5) years and further directed to pay fine of Rs.15,000/-, in default of payment of fine, to undergo simple imprisonment for a period of four (4) months for the offence punishable under Section 201 IPC. In the fine of Rs.60,000/-, PW.1 is entitled for an amount of Rs.50,000/- and all the sentences were directed to run concurrently.
2. The substance of the charge as against the accused is that on 06.07.2011 at 08.00 p.m., the accused caused death of one Byragi Bhavani Prasad (hereafter referred to as "the deceased") by throttling his neck and thrown away of the dead body of the deceased into Eastern side of the canal to cause screening of evidence of the commission of offence with an intention to escape from legal punishment. In order to commit the crime, the accused kidnapped the deceased through the son of the accused on his bicycle.
3. The case of the prosecution in brief is as follows :
(i) PWs.1 and 2 are the parents of the deceased. PW.2 is the wife of PW.1. PW.1 is a coolie in a nursery. About eight (8) years back, PW.1 shifted to Burrianka. PW.1 used to carry plants and do other manual labour in the nursery. PW.2 weeds out unwanted plants. They were blessed with one Govindu aged about eight (8) years and the deceased aged five (5) years. They were residing in a rented house near/in Burrilanka Village. Accused who is also resident of Burrilanka Village used to run coffee hotel. PW.1 borrowed an amount of Rs.15,000/- from the accused. There was a quarrel between the accused and PW.2 wherein the accused beat PW.2. PW.1 repaid Rs.15,000/- to the accused. Later PW.1 shifted from previous house to another house to avoid any disputes with the accused. But the accused bore grudge on them. On 06.07.2011 at about 08.00 p.m., the deceased went out to play. Thereafter, he was found missing. During entire night, PWs.1 and 2 searched for him in their relatives' houses and neighborhood. On the next day morning PW.1 came to know that the accused took away the deceased. Thereafter, PW.1 lodged a report in the police station.
(ii) On 07.07.2011 at 08.00 a.m., PW.13- Sub-Inspector of Police, Kadiyam Police Station received Ex.P1-complaint from PW.1 and the same was registered as Crime No.111 of 2011 for the offences under Section 363 IPC. Ex.P10 is the F.I.R. PW.13 examined PWs.1 and 2 and recorded their statements. PW.13 visited the scene of offence near the house of PW.1, situated in S.C. peta, Burrilanka Village and prepared rough sketch vide Ex.P11. PW.13 prepared another rough sketch of the scene under Ex.P12, where the deceased was missing. PW.13 examined PWs.3 and 4 and recorded their statements.
(iii) On 07.07.2011, on receipt of the information from PW.13, PW.14-Inspector of Police, Rajahmundry Rural Circle took up investigation. Thereafter, he examined the accused in the presence of PWs.9 and 10. PW.13 arrested the accused and recorded his confessional statement and the accused sho
AI
Circumstantial evidence, including the last seen theory and confessions, can establish guilt beyond reasonable doubt in murder cases.
The prosecution must establish circumstantial evidence linking the accused to a crime beyond reasonable doubt; suspicion alone is insufficient for conviction.
The prosecution failed to establish the guilt of the accused beyond reasonable doubt based on circumstantial evidence, leading to their acquittal.
The court established that circumstantial evidence and extrajudicial confessions can suffice for conviction when they form a complete chain pointing to the accused's guilt.
The judgment underscores the importance of credible evidence in criminal cases, particularly when relying on circumstantial evidence without eyewitness testimony.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
The prosecution must establish guilt beyond a reasonable doubt, particularly in circumstantial cases where extra-judicial confessions are heavily scrutinized for credibility and corroboration.
The court upheld the conviction for murder based on circumstantial evidence and testimonies indicating continuous domestic abuse, reaffirming that even without direct witnesses, enough evidence exist....
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