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G. RADHA RANI, G. ANUPAMA CHAKRAVARTHY
Mohdimran Khan – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
G.ANUPAMA CHAKRAVARTHY,J. - This appeal is arising out of the judgment dtd. 17/2/2014 in S.C.No.532 of 2011, on the file of II Additional Metropolitan Sessions Judge, Hyderabad, whereunder, the appellant was convicted under Sec. 235 (2) of Cr.P.C. for the offence punishable under Sec. 302 of IPC and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, and in default of payment of fine, he shall undergo simple imprisonment for a period of three months.
2. The appellant is the sole accused. The case of the prosecution, in nutshell, is that on the intervening night of 1st/2/11/2010, the accused murdered the deceased Katimani Pratap @ Sunder Raj by assaulting with a cement tile boulder, causing injuries on the head in front of the shop bearing No. 18/2/342/C, near Seven Temple, Jangammet, Hyderabad.
3. Basing on the report of PW-1, a crime was registered against the accused vide Crime No.377 of 2010, of Chatrinaka Police Station for the offence punishable under Sec. 302 of IPC. During the course of investigation, the Investigating Officer visited the scene of offence, examined the witnesses, recorded their statements under Sec. 161 Cr.P.C.,
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
The reliability of an injured eye-witness testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
The court affirmed the conviction of the accused for murder, finding sufficient evidence of an unlawful assembly and individual culpability amid claims of inconsistencies in prosecution testimony.
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
The reliability and credibility of eyewitness testimony, the significance of absconding as incriminating evidence, and the application of legal provisions under Section 302 and Section 304 Part II of....
Section 304 Part II IPC relates to punishment but without any intention to cause death.
It is trite that custody of an accused for initial period of fifteen days can either be judicial custody or police custody and during this period, competent Magistrate is empowered to convert judicia....
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