K SURESH REDDY, K SREENIVASA REDDY
Harijana R. Manjunath – Appellant
Versus
State Of A P – Respondent
JUDGMENT :
K.Sreenivasa Reddy, J.
Sole accused in Sessions Case No.305 of 2015 on the file of the Additional Sessions Judge, Hindupur is the appellant herein. He was tried for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short, ‘IPC’) by the learned Sessions Judge.
2. Vide judgment dated 27.01.2016 in the aforesaid Sessions Case, the appellant was convicted of the offences punishable under Sections 302 and 201 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/- in default to suffer simple imprisonment for a period of six months for the offence punishable under Section 302 IPC and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for a period of three months for the offence punishable under Section 201 IPC. The sentence imposed for the offence punishable under Section 201 IPC was directed to run concurrently with the life imprisonment imposed for the offence punishable under Section 302 IPC.
3. The substance of charges as against the accused is that on 31.12.2012 at about 5.00 PM, the accused, being husband of one Harijana Ra
The judgment establishes that child witness testimony, if credible and corroborated, can be sufficient for conviction, alongside the admissibility of extra-judicial confessions.
The court established that credible child witness testimony, when corroborated, can support a conviction, alongside the admissibility of extra judicial confessions.
The court affirmed that consistent eyewitness testimony and corroborating evidence can establish guilt beyond reasonable doubt in criminal cases.
The court affirmed the conviction for murder and destruction of evidence, emphasizing the accused's failure to provide a reasonable explanation for the death of his wife.
The court established that intent to kill, evidenced by eyewitness testimony and medical findings, is crucial for a conviction under Section 302 IPC.
The prosecution must prove the accused's guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The judgment underscores the importance of witness credibility and the application of IPC provisions in cases of domestic violence and murder.
The prosecution must establish circumstantial evidence linking the accused to a crime beyond reasonable doubt; suspicion alone is insufficient for conviction.
The court emphasized that consistent witness testimonies, even from a child, can substantiate charges of murder and domestic violence under IPC.
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....
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