Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.SURESH REDDY, SUBBA REDDY SATTI
Kommireddinagu @ Ganesh – Appellant
Versus
State Of Andhra Pradesh, Rep., by the Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. conviction of the accused for murder. (Para 1 , 2) |
| 2. evidence collection and witness statements. (Para 3 , 4 , 5) |
| 3. importance of circumstantial evidence. (Para 10 , 11 , 12) |
| 4. accused's duty to explain incriminating evidence. (Para 14 , 15 , 16 , 17 , 18) |
| 5. dismissal of appeal and confirmation of sentence. (Para 19 , 20) |
JUDGMENT :
Subba Reddy Satti, J.
The sole accused in Sessions Case No.226 of 2017 on the file of the Court of II Additional District and Sessions Judge, West Godavari District, Eluru, is the appellant. He was tried and convicted by the learned Additional Sessions Judge under Section 302 I.P.C. and was sentenced to suffer imprisonment for ‘LIFE’ and also to pay a fine of Rs.10,000/-, in default to suffer Simple Imprisonment for three months.
2. Substance of the charge is that on the intervening night of 26/27.12.2016, the accused caught hold of the head of Muppina Chiranjeevi (hereinafter referred to as ‘the deceased’) and struck him to a brick wall and thereafter picked up a stone and hit on his face, causing his instantaneous death, thereby committed offence punishable under Section 302 I.P.C.
3. The case of the prosecution, as per the evidence
Circumstantial evidence, including the last seen theory and failure to explain incriminating circumstances, can establish guilt in murder cases.
The prosecution must prove guilt beyond reasonable doubt in murder cases, especially when relying on circumstantial evidence.
The prosecution must establish circumstantial evidence linking the accused to a crime beyond reasonable doubt; suspicion alone is insufficient for conviction.
Circumstantial evidence must establish foundational facts beyond reasonable doubt for a conviction; the prosecution failed to prove the last seen theory and weapon recovery.
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
The conviction of the accused for murder and theft was upheld based on established circumstantial evidence, confirming the guilt beyond reasonable doubt.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
