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K. SURENDER, ANIL KUMAR JUKANTI
Pallapu Chinnaiah S/o Venkati – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
K. SURENDER, J.
1. This criminal appeal is filed aggrieved by the judgment dated 05.06.2015 in S.C. No. 32 of 2015 on the file of VIII Additional Sessions Judge at Nizamabad, convicting the appellant for the offence under Section 302 of Indian Penal Code (IPC) and sentencing him to undergo imprisonment for life and to pay fine of Rs.500/- and in default, to undergo simple imprisonment for one month and for the offence under Section 449 of IPC and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of Rs.500/- and in default, to undergo simple imprisonment for one month.
2. Heard the learned counsel for the appellant/accused and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent-State.
3. Briefly the case of the prosecution is that the deceased was having illicit intimacy with the daughter-in-law of the appellant/accused. On account of the said suspicion, there was a quarrel between the appellant and the deceased, three months prior to the incident.
4. It is the further case of the prosecution that PW-5, who is the neighbor of the deceased, on the intervening night of 06/07-07-2014, got up at 2:30 A.M. and went to attend
In circumstantial evidence cases, the prosecution must prove guilt beyond reasonable doubt as suspicion alone cannot justify conviction.
The judgment underscores the necessity of establishing a complete chain of circumstances and the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.
In cases of circumstantial evidence, the prosecution must establish a complete chain of circumstances. S.106 of the Indian Evidence Act cannot be invoked to shift the burden of proof to the accused u....
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
The prosecution must establish a complete chain of circumstantial evidence leading to the only conclusion of guilt for a conviction to be sustainable.
Circumstantial evidence must create a complete and cogent chain linking the accused to the crime; mere suspicion, without proof beyond reasonable doubt, is insufficient for conviction.
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