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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, E.V.VENUGOPAL
Mohd. Miskeen Khan – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
(K. SURENDER, J.)
This appeal is filed by the appellant/A1, aggrieved by the conviction recorded by the Metropolitan Sessions Judge, Hyderabad, in S.C.No.04 of 2018 dated 11.09.2018, convicting the appellant under Section 302 read with Section 34 of IPC , and sentencing him to undergo life imprisonment and to pay a fine of Rs.500/- for the offence under Section 302 of IPC .
2. Heard learned counsel for the appellant and Sri Arun Kumar Dodla, learned Additional Public Prosecutor, Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing for the respondent-State.
3. PW.1 lodged an English typed complaint with the Police on 17.04.2017 at 10.00 A.M. In the complaint, he narrated that his brother Syed Omed Ali (deceased), was a rickshaw puller and on 16.04.2017 at 16.00 hours, he saw his brother in an auto going with the appellant and two others. When PW.1 questioned the deceased as to where they were all going, the deceased informed him that they were going to the Toddy Compound at Saroornagar.
The next day morning at 9.00 A.M., PW.1 received a phone call from Madannapet Police saying that the deceased was found near a graveyard, Madannapet. PW.1 went there, identifi
The prosecution must prove guilt beyond reasonable doubt; mere suspicion or conjecture is insufficient for conviction.
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.
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 main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
Murder – “Last seen” doctrine has limited application, where time lag between time deceased was seen last with accused and time of murder is narrow – Court should not convict an accused only on the b....
Murder – Evidence on ‘last seen together’ is a weak piece of evidence – Conviction cannot be recorded against accused merely on the ground that accused was last seen with deceased.
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