IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE K SURESH REDDY, SRI JUSTICE T.C.D.SEKHAR, JJ
P.Mohan (A-1) S/o. Pandurangaiah – Appellant
Versus
State Of Ap Rep PP – Respondent
JUDGMENT :
K.Suresh Reddy, J.
All the three accused in Sessions Case No.346 of 2012 on the file of the Court of I Additional District and Sessions Judge, Chittoor, are the appellants. They were tried by the learned Additional Sessions Judge under the following charges :-
1st charge was under Section 364 IPC against A.1 to A.3, 2nd charge was under Section 302 IPC against A.1 to A.3, the 3rd charge was under Section 201 against A.1 to A.3, 4th charge was under Section 379 IPC against A.1 to A.3 and the last charge was under Section 404 read with 34 IPC against A.1 to A.3.
2. Substance of the charge is that on 12.12.2011 at about 9.00 a.m. all the accused abducted one C.Gowtham Chand (hereinafter referred to as 'the deceased'), and demanded gold and cash and on the same day at about 7.30 P.M. they strangulated him to death with a coconut rope and took three sovereign of gold chain and gold ornaments from the body of the deceased, caused his death and thereafter poured kerosene on the dead body and set fire to it at Rakshasi gutta forest near Jonnagurukala village in order to screen away the evidence and thereby committed offences punishable under Sections 302, 364, 201, 404 read with 34
The prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
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.
Circumstantial evidence must be complete and conclusive to establish guilt beyond reasonable doubt in criminal cases.
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.
Circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt, as per established legal principles.
Conviction set aside - Prosecution failed to prove the circumstances relied upon by them to establish the guilt of the accused beyond reasonable doubt.
where the Test Identification of properties for the reason that in Rule 35 of the Criminal Rules of Practice as well as Clause 474 of the Andhra Pradesh Police Manual, it is clearly mentioned that th....
The conviction under conspiracy and murder was overturned due to insufficient and unreliable evidence, highlighting the need for beyond reasonable doubt to establish guilt.
The judgment underscores the importance of credible evidence in criminal cases, particularly when relying on circumstantial evidence without eyewitness testimony.
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