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K SURESH REDDY, K SREENIVASA REDDY
T. Anka Rao – Appellant
Versus
State Rep PP – Respondent
JUDGMENT :
K.Sreenivasa Reddy, J.
De facto complainant in Sessions Case No.90 of 2016 on the file of the XIII Additional Sessions Judge, Guntur at Narasaraopet (hereinafter referred to, as ‘the learned Sessions Judge’) is the appellant in the present Criminal Appeal No.1161 of 2016. Accused No.2 was tried for the offence punishable under Sections 302 read with 34 of the Indian Penal Code, 1860 (for brevity ‘IPC’) and acquitted of the said offence in terms of Section 235 (1) of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’). Accused No.1 was tried and found not guilty of the offence punishable under Section 302 IPC, but found guilty for the offence punishable under Section 304 Part-II IPC and convicted in terms of Section 235 (2) CrPC vide Judgment, dated 06.09.2016 and sentenced to undergo rigorous imprisonment for a period of seven (07) years and to pay a fine of Rs.2,000/-, in default of payment of fine, he was directed to suffer simple imprisonment for a period of six (06) months. Challenging the conviction and sentence vide Judgment, dated 06.09.2016, accused No.1 preferred Criminal Appeal No.916 of 2016. Whereas, de facto complainant preferred Criminal Appeal No.1161
Instigation alone does not establish culpability for murder if the accused did not directly participate in the act of violence.
Instigation alone does not establish guilt for murder if the accused did not directly participate in the act leading to death.
The court established that a single blow without intent to kill does not meet the threshold for murder under IPC Section 302, warranting a conviction for grievous hurt instead.
In cases where a single blow is inflicted with a blunt object, without an intention to cause death, the offense may be scaled down from murder under Section 302 IPC to culpable homicide not amounting....
Homicide committed without any premeditation will not come within ambit of Section 302 of IPC.
It is the quality and not the quantity which determines the adequacy of evidence. Evidence has to be weighed not counted.
The judgment underscores the principle that an acquittal should not be overturned without compelling evidence, emphasizing the importance of consistent and reliable witness testimonies in criminal ca....
A conviction cannot be based solely on the testimony of one witness unless that testimony is wholly reliable and corroborated by other evidence.
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