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U. DURGA PRASAD RAO, GANNAMANENI RAMAKRISHNA PRASAD
State Of Andhra Pradesh – Appellant
Versus
Mohammad Abdul Sammad Munna – Respondent
JUDGMENT :
U. Durga Prasad Rao, J.
The Referred Trials 2, 3 & 4/2021 wherein judgments are pronounced today, present chilling facts of diabolical and grotesque manner of killing the trailer drivers and cleaners by the ruthless gang of dacoits while they were transporting iron load on the highway between Ongole-Nellore Districts in Andhra Pradesh.
In S.C.No.73/2010, learned VIII Additional District & Sessions Judge, Ongole in his judgment dated 18.05.2021 convicted A1 to A17 for different offences and sentenced them with different punishments as narrated in the following table. Since among them, A1 to A11 and A15 are awarded death punishment for the offences under Section 396 IPC under two counts, learned Judge submitted the entire case proceedings along with his judgment to this High Court under Section 366 Cr.P.C. for confirmation of death sentence and the Registry has registered the said referred proceedings as a Referred Trial No.2/2021 and listed before us. That apart, challenging the conviction and sentence, the accused have also preferred different Criminal Appeals as mentioned in the table below and those criminal appeals are also listed before us.
| Accused No. | Name | ||||
The court confirmed death sentences for multiple accused involved in a brutal highway dacoity resulting in murder, emphasizing the need for severe punishment in heinous crimes.
In cases involving murder during robbery, the court established criminal conspiracy and affirmed death sentences for the heinousness of the offences while highlighting the importance of both aggravat....
The court confirmed death sentences for organized dacoity and murder, emphasizing the collective impact and aggravating factors while allowing commutation for specific accused based on mitigating cir....
The prosecution established guilt through circumstantial evidence, proving motive and last seen theory, essential for murder convictions under the Indian Penal Code.
It is well settled proposition of law that the evidence of hostile witnesses need not be ignored in total and it can be relied on to the extent to which the witnesses have spoken about incriminating ....
(1) Minor contradictions do not go to root of matter and destroy whole prosecution which is firmly made out against accused.(2) Protection guaranteed under Article 20(3) of Constitution of India does....
The prosecution failed to establish the guilt of the accused beyond reasonable doubt based on circumstantial evidence, leading to their acquittal.
The judgment emphasizes the need for a complete chain of evidence and the inadmissibility of unreliable witness testimony and confession in establishing guilt beyond reasonable doubt based on circums....
The prosecution must prove guilt beyond reasonable doubt in dacoity cases, and minor discrepancies in witness testimonies do not invalidate the conviction if the overall evidence is credible.
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