K SURESH REDDY, K SREENIVASA REDDY
Nanjappagari Bhagavanthu, Puttaparthy Town. – Appellant
Versus
State Of AP Rep PP – Respondent
JUDGMENT :
K.Suresh Reddy, J.
Accused No.1 in S.C.No.188 of 2016 on the file of the Court of Additional Sessions Judge, Hindupur, Anantapuramu District is the appellant in the present Criminal Appeal. He along with Accused Nos.2 and 3 were tried by the learned Additional Sessions Judge, Hindupur, under the following charges:
(ii) The second charge was under Section 201 read with 34 IPC against Accused Nos.1 to 3.
(iii) The third charge was under Section 404 IPC against Accused Nos.1 to 3, alternatively under Section 379 IPC and the last charge was under Section 203 IPC against Accused No.1.
2. The substance of the charge is that on 28.08.2014 at about 11.30 a.m., Accused Nos.1 and 2 with common intention committed murder of one Ludgate Tone Berly Anne, an Australian citizen (hereinafter referred to as the ‘deceased’) in room No.304 of Sai Gowri apartment, Puttaparthi by throttling her and in the same process, Accused Nos.1 to 3 committed theft of cash of Rs.40,000/- and also gold jewellary i.e., M.O.s 1 to 4 and buried the dead body in the fields of Accused No.1 near Handri Neeva Channel, Thalamarla Vil
Circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt, as per established legal principles.
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 prosecution must prove guilt beyond reasonable doubt, especially in cases relying on circumstantial evidence, and the benefit of doubt must be given to the accused.
The conviction of the accused for murder and theft was upheld based on established circumstantial evidence, confirming the guilt beyond reasonable doubt.
The prosecution failed to establish the guilt of the accused beyond reasonable doubt based on circumstantial evidence, leading to their acquittal.
Extrajudicial confessions are weak evidence and require corroboration; reliance on them must be cautious and supported by credible evidence.
The prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The judgment emphasizes the importance of establishing a complete chain of circumstances to prove guilt in a case based on circumstantial evidence. It also highlights the necessity of specific charge....
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