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P. SAM KOSHY, N. TUKARAMJI
Gavoor Pedda Balaiah – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
P. SAM KOSHY, J.
1. 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 22.01.2016 in Sessions Case No. 286 of 2014 passed by the Judge, VII Additional District and Session Judge, Bodhan.
2. Heard Mrs. M. Bhagyasri, 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 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 rigorous imprisonment for life with fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for a period of one month.
4. The case of the prosecution, as per the charge sheet, is that on 08.10.2013 at 9 A.M. PW-1 (M. Balram) who is the brother of the Govoori Eshwari (hereinafter, the ‘deceased No. 1’) and Govoori Mounika daughter of deceased No. 1 (hereinafter, the ‘deceased No. 2’) lodged a complaint at Varni Police Station, Nizamabad, contending that they performed marriage of the deceased No. 1 w
The conviction for murder was upheld based on credible eyewitness testimony and corroborating medical evidence, establishing the appellant's guilt beyond reasonable doubt.
The court affirmed the conviction for murder, emphasizing the consistency of eyewitness testimonies and the sufficiency of evidence despite minor discrepancies.
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 court affirmed the conviction for murder under Section 302 and assault under Section 324, ruling that credible eyewitness testimonies and medical evidence met the burden of proof beyond reasonabl....
Murder – Conviction and sentence cannot be upheld where version of witnesses does not inspire confidence.
The central legal point established in the judgment is that the absence of a strong motive does not weaken the case when there is clear and reliable evidence of eyewitnesses, and the nature of the of....
A conviction for murder can stand if the prosecution establishes motive and presence of the accused through reliable testimony, despite some witnesses turning hostile, proving guilt beyond reasonable....
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