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P. SAM KOSHY, N. TUKARAMJI
Jakkula Mallesh, Adilabad Dt. – Appellant
Versus
State Of Telangana – Respondent
JUDGMENT :
(per the Hon’ble Sri Justice P. SAM KOSHY)
The instant is an appeal under Section 374(2) of the Cr.P.C filed by the appellant – accused challenging the judgment of conviction dated 16.10.2015 in Sessions Case No.224 of 2014 passed by the III Additional Sessions Judge, Asifabad.
2. Heard Mr. Ram Prasad Pathipaka, learned counsel for the appellant and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent – State.
3. Vide the impugned judgment, the Trial Court had found the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, ‘IPC’) and upon convicting the appellant, sentenced him to under imprisonment for life with fine of Rs.2000/- and in default of payment of fine to undergo simple imprisonment for a period of (03) three months.
4. The case of the prosecution, as per the charge-sheet, is that on 06.02.2014 at 12:00 hrs, PW.1 (Rasapalli Prakash) who is the brother of Rasapalli Santosh (hereinafter, the ‘deceased’) lodged a complaint at Asifabad Police Station stating that the deceased and the appellant are close friends belonging to same Gundi Village, Asifabad. Both the appellant and the de
Circumstantial evidence and the last seen theory can establish guilt beyond a reasonable doubt when the accused fails to provide a satisfactory explanation.
The conviction for murder was upheld based on strong circumstantial evidence and the 'last seen together' doctrine, establishing the appellant's guilt beyond a reasonable doubt.
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
It is well settled that in a case of circumstantial evidence, circumstances should be such so as to lead to only one irresistible conclusion, which is incompatible with innocence of accused.
The rejection of accidental death claims via circumstantial evidence linking the appellant to the crime established the basis for conviction under Section 302 IPC.
The court affirmed the conviction for murder, emphasizing the consistency of eyewitness testimonies and the sufficiency of evidence despite minor discrepancies.
The conviction for murder was upheld based on credible eyewitness testimony and corroborating medical evidence, establishing the appellant's guilt beyond reasonable doubt.
Murder – Theory of last seen together is very weak in absence of motive.
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