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A. V. RAVINDRA BABU
Pelamala Neela Kantam – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated after commission of a crime (Para 1 , 2 , 4 , 5 , 6 , 7) |
| 2. judgment challenged in criminal appeal. (Para 3) |
| 3. summary of trial and charges established (Para 8 , 10 , 11) |
| 4. arguments by defense and prosecution (Para 12 , 14 , 15 , 16) |
| 5. evidence provided by witnesses supporting prosecution's case (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. consistency and credibility of witness testimonies (Para 24 , 25 , 26 , 27 , 28 , 30 , 32) |
| 7. legal conclusions drawn by the court regarding intent and culpability (Para 29 , 34 , 36) |
| 8. judgment modified based on age and justice. (Para 33) |
| 9. determination of offence under section 304 ipc. (Para 35) |
| 10. final judgment and orders issued (Para 38 , 39) |
JUDGMENT :
A.V. Ravindra Babu, J.
1. The judgment, dated 30.06.2009, in Sessions Case No. 31 of 2009 on the file of the Court of VII Additional Sessions Judge (Fast Track Court), Visakhapatnam (for short ‘the learned Additional Sessions Judge’), is under challenge in the present Criminal Appeal filed by the appellant, who is the unsuccessful accused.
2. The appellant herein (accused) faced charge under Section 302 of the INDIAN PENAL CODE , 1860 (for short ‘the
Prosecution must substantiate charges beyond reasonable doubt; intentional murder requires proof of intent, while culpable homicide may be established through knowledge of likely fatality.
The prosecution must prove culpable homicide beyond reasonable doubt, distinguishing between intent to kill and knowledge of likely fatal outcomes.
The prosecution must prove beyond reasonable doubt that the accused caused the death of the deceased in order to secure a conviction for culpable homicide not amounting to murder under Section 304 Pa....
Peritonitis as defined in medical dictionary is as under: “inflammation of the peritoneum, typically caused by bacterial infection either via the blood or after rupture of an abdominal organ”.
The plea of insanity requires substantial proof to demonstrate that the accused was incapable of knowing the nature of the act or its wrongfulness at the time of the offence.
The court established that a single blow without intent to kill does not meet the threshold for murder under IPC Section 302, warranting a conviction for grievous hurt instead.
It is the quality and not the quantity which determines the adequacy of evidence. Evidence has to be weighed not counted.
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