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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, E.V.VENUGOPAL
E.Parthasararhi , E.B.Raja, Rajanna – Appellant
Versus
State Of Telangana – Respondent
JUDGMENT :
EV Venugopal, J.
1. The present criminal appeal is filed by the appellants/accused Nos.1 and 2 aggrieved by the judgment dated 29.05.2018 in SC No.271 of 2016 on the file of the learned Metropolitan Sessions Judge, Hyderabad wherein and where by the trial Court found the appellants guilty, convicted and sentenced them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.500/- each, in default to suffer further simple imprisonment for a period of six months each, for the offence punishable under Section 364 read with Section 34 of IPC; further, sentenced them to undergo imprisonment for life and to pay a fine of Rs.500/- each, in default to suffer further simple imprisonment for a period of six months each for the offence punishable under Section 302 read with Section 34 of IPC and further sentenced the appellants to undergo rigorous imprisonment for a period of three years each for the offence punishable under Section 379 read with Section 34 of IPC.
2. Heard Sri P.Prabhakar Reddy and Sri P.Animi Reddy, learned counsel for the appellants and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for the respondent/State.
3. SC No.271 of 2016
The last seen theory and circumstantial evidence are crucial in establishing guilt in murder cases, particularly when direct evidence is lacking.
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.
The last seen theory, combined with circumstantial evidence, establishes guilt beyond reasonable doubt in murder and robbery cases.
The last seen theory requires a close time connection between the accused and the deceased's death, and mere presence is insufficient for conviction without additional evidence linking the accused to....
The court confirmed that circumstantial evidence, particularly the last seen theory, can establish guilt beyond reasonable doubt when supported by consistent and corroborative evidence.
(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.
The prosecution must prove guilt beyond reasonable doubt in circumstantial evidence cases, with each circumstance established and consistent only with the hypothesis of guilt.
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