K. SURESH REDDY, K. SREENIVASA REDDY
Gadikana Murali Krishna @ Murali – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
K. SREENIVASA REDDY, J :
Accused Nos.1 to 4 in Sessions Case No.137 of 2015 on the file of the V Additional District and Sessions Judge, Tirupati, (hereinafter referred to, as 'the learned Additional Sessions Judge') are the appellants in the present criminal appeal. The learned Additional Sessions Judge tried the accused Nos.1, 3 to 5 for the offences punishable under Sections 302 read with 34 of the INDIAN PENAL CODE , 1860 (for brevity 'IPC') and 201 read with 34 IPC and accused Nos.1 and 2 for the offence punishable under Section 120-B IPC.
2. Vide judgment, dated 20.03.2017, the learned Additional Sessions Judge convicted the accused Nos.1 and 2 of the offence punishable under Section 120-B IPC, and also convicted the accused Nos.1, 3 and 4 of the offence punishable under Section 302 read with 34 IPC and sentenced the accused Nos.1 and 2 to undergo imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One thousand only) each, in default to suffer simple imprisonment for a period of three (03) months each, for the offence punishable under Section 120-B IPC; accused Nos.1, 3 and 4 are sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- (Rup
Circumstantial evidence must be conclusive, with no gaps in the chain, to establish guilt beyond reasonable doubt, as per Indian law.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
The court ruled that both the 'last seen together' theory and extra-judicial confessions require corroboration and cannot independently sustain a conviction.
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