K SURESH REDDY, K SREENIVASA REDDY
Kalva Maddaiah – Appellant
Versus
State Of Ap – Respondent
JUDGMENT :
K.Suresh Reddy, J.
Accused Nos.1 and 7 in Sessions Case No.83 of 2016 on the file of the Court of IV Additional District and Sessions Judge, Kurnool, are the appellants in the present Criminal Appeal. They along with Accused Nos.2 to 6 and Accused Nos.8 to 10 were tried by the learned Additional Sessions Judge under six(06) charges i.e., first charge was under Section 148 of IPC against Accused Nos.1 to 10; second charge was under Section 364 of IPC against Accused Nos.1 to 8; third charge was under Section 302 IPC against Accused No.1; fourth charge was under Section 302 read with 34 IPC against Accused Nos.2 to 7; fifth charge was under Section 201 IPC against Accused Nos.1 to 3 and the last charge was under Section 176 IPC against Accused Nos.9 and 10.
2. Substance of the charge is that on 19.05.2014 at about 7.45 A.M Accused Nos.1 to 10 formed into an unlawful assembly and kidnapped one V. Bangarureddy (hereinafter referred to as “the deceased”) in a Scorpio Vehicle, bearing No.AP-21-AK-4646, near old bus stand, Bethamcherla Village and attacked him at Leprosy Colony, Dhone Mandal, which led to causing his death and in the same process, to screen the evidence, Accused N
The judgment underscores the importance of credible evidence in criminal cases, particularly when relying on circumstantial evidence without eyewitness testimony.
The prosecution must prove the guilt of the accused beyond a reasonable doubt; failure to do so results in acquittal.
The prosecution must prove guilt beyond a reasonable doubt; inconsistencies in witness testimony can lead to acquittal.
The prosecution must prove guilt beyond a reasonable doubt; insufficient evidence led to the acquittal of the accused.
The prosecution failed to establish the guilt of the accused beyond reasonable doubt based on circumstantial evidence, leading to their acquittal.
A conviction cannot be sustained on the sole testimony of a child witness when there are serious doubts regarding its reliability and the absence of corroborative evidence.
The prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The judgment underscores the principle that the prosecution must prove guilt beyond reasonable doubt, particularly in cases involving serious charges like murder.
Circumstantial evidence, including the last seen theory and confessions, can establish guilt beyond reasonable doubt in murder cases.
The conviction under conspiracy and murder was overturned due to insufficient and unreliable evidence, highlighting the need for beyond reasonable doubt to establish guilt.
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