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K SURESH REDDY, K SREENIVASA REDDY
Shaik Basha @ Bashi – Appellant
Versus
State Of AP Rep PP – Respondent
JUDGMENT :
K.Sreenivasa Reddy, J.
Sole accused in Sessions Case No.186 of 2016 on the file of the Principal Sessions Judge, East Godavari at Rajahmundry, is the appellant herein. He was tried for the offences punishable under Sections 302 and 323 of the Indian Penal Code, 1860 (for short, ‘IPC’) by the learned Sessions Judge.
2. Vide judgment dated 09.01.2017 in the aforesaid Sessions Case, the appellant was convicted of the offences punishable under Sections 302 and 323 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- in default to suffer simple imprisonment for a period of two months for the offence punishable under Section 302 IPC and to undergo simple imprisonment for a period of one month for the offence punishable under Section 323 IPC. Both the sentences were directed to run concurrently.
3. The substance of charges as against the accused is that on 26/27.09.2015 at about 1.30 AM at D.No.2-224, Velampeta, Seetanagaram mandal, the accused committed murder by intentionally causing death of his brother’s son Shaik Razi (hereinafter referred to, as ‘the deceased’), by hacking him with an axe indiscriminately on his head, face and thereby com
The court affirmed that consistent eyewitness testimony and corroborating evidence can establish guilt beyond reasonable doubt in criminal cases.
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 established that intent to kill, evidenced by eyewitness testimony and medical findings, is crucial for a conviction under Section 302 IPC.
The court affirmed that corroborative eyewitness testimony and medical evidence are critical in establishing guilt in murder cases under IPC Section 302.
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 prosecution must prove the accused's guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The prosecution must prove guilt beyond reasonable doubt, and hearsay evidence 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.
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