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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.SURESH REDDY, SUBBA REDDY SATTI
Bollavaram Malleswara Reddy – Appellant
Versus
Bareddy Bhaskara Reddy – Respondent
JUDGMENT :
SUBBA REDDY SATTI, J.
1. Questioning the judgment of acquittal passed by the learned III Additional Sessions Judge, Kurnool at Nandyal, in Sessions Case No.350 of 2013, dated 25.01.2018, the de facto complainant (P.W.1) filed the present Criminal Appeal.
2. Respondents 1 to 7/Accused 1 to 7 were tried by the learned Additional Sessions Judge under the following charges:
(i) The first charge was under Section 148 IPC against A-1 to A-7.
(ii) The second charge was under Section 302 IPC against A-1 to A-4.
(iii) The third charge was under Sec.302 r/w 149 IPC against A-5 to A-7
(iv) The last charge was under Sec.307 IPC against A-2 & A-5 to A-7.
3. The parties to this appeal are referred to as they were arrayed in Sessions Case No.350 of 2013, for the sake of convenience.
4. Gravamen of the charge is that on 14.10.2012 at about 10.30 p.m., near the fields on Pesaravai rastha, outskirts of Bojanam village, Bandi Atmakur Mandal, A-1 to A-7 with a common intention, formed themselves into an unlawful assembly with deadly weapons, such as axes and sticks, and committed the offence of rioting; caused death of B.Sivarami Reddy (hereinafter referred to as deceased No.1) and Mallu Rameswara R
(1) Murder, attempt to murder and rioting – When genesis and manner of incident itself are doubtful, benefit of doubt should always be in favour of accused.(2) Appreciation of evidence – While apprec....
The judgment underscores the principle that an acquittal should not be overturned without compelling evidence, emphasizing the importance of consistent and reliable witness testimonies in criminal ca....
The appellate court emphasized that eyewitness accounts must be given due weight, and mere flaws in investigation do not automatically discount credible testimonies in murder trials.
1. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the findings of acquittal. 2. The acquittal re-enforces and reaffirms the....
The appellate court affirmed that collective participation in unlawful assembly under IPC Section 149 holds all members culpable for resulting violent acts, despite minor evidential discrepancies.
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
Conviction overturned due to unreliable eyewitness accounts, procedural delays, and failure to establish charges beyond reasonable doubt, emphasizing the principle of parity among co-accused.
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
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