Back
A.VENKATESHWARA REDDY, G.ANUPAMA CHAKRAVARTHY
Chityala Srinivas Srinu – Appellant
Versus
State of A. P. Rep. , by its PP – Respondent
JUDGMENT
A. Venkateshwara Reddy, J.—This Criminal Appeal is directed against the judgment dated 26.11.2013 in Sessions Case (SC) No.239 of 2012 on the file of the learned VI Additional District and Sessions Judge at Siddipet, wherein and whereunder the accused No.1 was found guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’), convicted under Section 235 (2) of the Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) and sentenced to undergo life imprisonment and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for two months for the said offence, whereas the accused No.2 was found not guilty and he was acquitted under Section 235(1) of Cr.P.C. for the said offence.
2. The appellant is the accused No.1 (for short ‘A.1’). The prosecution story in brief is that A.1 is the younger brother of PW.1. The deceased is the father of PW.1 and A.1, whereas accused No.2 (for short ‘A.2’) is the younger brother of deceased and they are native of Jaligama Village, Gajwel Mandal, Medak District. There was a land dispute between the deceased and A.2 and as such, A.2 developed enimity over the deceased and his family, instigated A
Murder – Conviction and sentence cannot be sustained where eye witnesses to occurrence turned hostile and circumstantial witness also did not support prosecution case.
The judgment establishes the importance of dying declarations and the application of appropriate sections of the IPC based on the circumstances and intention of the accused.
The main legal point established in the judgment is the application of Exception 4 to Section 300 of IPC, leading to the alteration of the appellants' conviction and their release from jail.
The dying declaration and complaint were considered credible evidence, and the absence of a doctor's endorsement on the dying declaration was not considered significant. The court applied Section 106....
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
The main legal point established in the judgment is the consideration of the delay in lodging the complaint, presence of alcohol in the victim's system, and the appellant's intention to determine the....
The essential ingredient of motive/intention under Section 302 IPC must be established to convict a person for the offence of murder.
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
