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K. SURENDER, ANIL KUMAR JUKANTI
Ulcha Gajjaram, Adilabad Dt – Appellant
Versus
State Of Telangana – Respondent
JUDGMENT :
(K. Surender, J.)
The appellant was convicted for the offence under Section 302 of the Indian Penal Code and sentenced to life imprisonment.
2. The case of the prosecution is that the appellant was involved in several theft cases pertaining to Police Station I Town, Nizamabad. He was acquainted with the deceased namely Chandrakala, mother of PW.5. Both started living together. Chandrakala was involved in prostitution and the appellant used to allegedly take money from the deceased. The deceased and her sisters were arrested by Police at Railway Station, Nizamabad and were sent to jail. The appellant was not having money, as such, he went to Basara and committed theft of an Auto. He was arrested and after release on bail he came back and found that the deceased was physically involved with a person named Sai. The appellant warned the deceased not to move around with Sai.
3. On 26.01.2012 around 5:00 p.m., the appellant along with the deceased and her son PW.5 went to Nizamabad and watched a movie. While watching the movie, according to PW.5, a quarrel took place between the deceased and the appellant and he left the theatre and went to the railway station. Thirty minutes la
The conviction under Section 302 IPC was upheld based on circumstantial evidence, particularly the last seen theory, and the appellant's failure to explain his actions during the time of the murder.
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
(1) Circumstantial evidence – ‘Last seen’ theory can be invoked only when same stands proved beyond reasonable doubt.(2) When two views are possible, one favouring accused is to be leaned on.
Conviction for murder barred by insufficient evidence; last seen theory alone lacks definitive proof, reinforcing the standard that circumstantial proof must connect the accused to the crime.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Circumstantial evidence must conclusively link the accused to the crime; mere suspicion is insufficient for conviction.
The prosecution must prove guilt beyond reasonable doubt; mere suspicion or conjecture is insufficient for conviction.
The judgment establishes the principles of circumstantial evidence, the last seen theory, and the burden of proof under Section 106 of the Indian Evidence Act in establishing guilt in criminal cases.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
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