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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, E.V.VENUGOPAL
Gudipati Venkanna – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
K.Surender, J.
This Criminal Appeal is filed by the appellant/accused No.1, aggrieved by the judgment dated 09.05.2019 in Sessions Case No.385 of 2015, on the file of the learned Principal Sessions Judge, at Khammam, whereby the appellant/accused No.1 was convicted for the offence punishable under Sections 302 and 397 of the INDIAN PENAL CODE (for short ‘IPC’).
2. Heard Mr.C.Damodar Reddy, learned counsel representing Mr.Ruthwik Reddy, learned counsel for the appellant and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State. Perused the record.
3. Accused No.2 was also tried along with the appellant. However, accused No.2 was acquitted for the offence under Section 411 of I.P.C.
5. PW1 is the VRO of the Kamepally Village. He went to the police station and lodged a complaint on 01.01.2014 stating that he received a phone call regarding the dead body of a woman with a cut injury on the throat and found her lying dead. PW1 then went to the scene and found that the dead body was on the land of one Podentla Narayana. The complaint was given to PW16/Investigating Officer. PW16 then went to the field, where the dead body was lying and conducted the scen
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 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.
The last seen theory and circumstantial evidence are crucial in establishing guilt in murder cases, particularly when direct evidence is lacking.
The prosecution must prove guilt beyond reasonable doubt; mere suspicion or conjecture is insufficient for conviction.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
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....
(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.
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