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IN THE HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD
K.SURENDER, ANIL KUMAR
Mohd. Ahmed @ Fardeen @ Laddu, S/o Ameen – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. introduction of appeals and legal representations. (Para 1 , 2) |
| 2. details on the prosecution case and investigation. (Para 3 , 4 , 5 , 6 , 8 , 9) |
| 3. circumstantial evidence relied upon for conviction. (Para 10) |
| 4. arguments regarding admissibility of evidence. (Para 11 , 12 , 13 , 14) |
| 5. prosecution's circumstantial evidence argument. (Para 15) |
| 6. discussion of evidence handling and collection protocols. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 7. recovery of items and admissibility of confessions. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 8. final judgment based on the lack of conclusive evidence. (Para 31) |
| 9. prosecution's failure to establish guilt. (Para 32) |
| 10. conclusion reversing conviction and sentence. (Para 33) |
JUDGMENT :
K.Surender, J.
These appeals are filed by appellants/accused Nos.1, 2, and 3, aggrieved by the judgment, dated 11.12.2014 in S.C.No.136 of 2014, passed by the VI Additional District and Sessions Judge, Godavarikhani, questioning their conviction and sentence under Sections 120-B, 302, and 380 of IPC.
2. Heard Mr. T.Niranjan Reddy, learned Senior Counsel for accused No.1, Mr. S.Ram Reddy, learned counsel for accused No.2 and S M Rafeo, learned counsel
The conviction based on circumstantial evidence is not sustainable without a complete chain of evidence, and undue delay in handling forensic samples raises integrity concerns.
(1) Where case rests entirely on circumstantial evidence, chain of evidence must be so far complete, such that every hypothesis is excluded but one proposed to be proved and such circumstances must s....
For a conviction based on circumstantial evidence, each link in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
Circumstantial evidence must be conclusive and all links in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence beyond reasonable doubt to secure a conviction.
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
The court ruled that circumstantial evidence must establish a consistent and unbroken chain linking the accused to the crime, and any reliance on unreliability of recovery evidence warrants the benef....
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
(1) Murder – Proof of motive only adds to weight and value of evidence adduced by prosecution.(2) Evidence of a witness ought not be rejected only on the ground that he is a relative of injured/decea....
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