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IN THE HIGH COURT FOR THE STATE OF TELANGANA
K.SURENDER, E.V.VENUGOPAL
Gandala Laxman, S/o Sailoo – Appellant
Versus
State of Telangana Rep. By Its Public Prosecutor (T.S.) – Respondent
| Table of Content |
|---|
| 1. multiple appeals against a single judgment. (Para 1 , 2) |
| 2. incident details and evidence collection. (Para 3 , 4 , 5) |
| 3. conviction based on eyewitness identification. (Para 6 , 7) |
| 4. arguments on witness identification credibility. (Para 8 , 9 , 10 , 11) |
| 5. witness reliability in stressful situations. (Para 12 , 13 , 14 , 15) |
| 6. common object in ipc section 149 applicability. (Para 16 , 17 , 18) |
| 7. individual acts versus common intention. (Para 19 , 20 , 21 , 22 , 23) |
| 8. final convictions and sentencing. (Para 24 , 25) |
JUDGMENT :
K.Surender, J.
The Criminal Appeal No.1188 of 2017 is filed by the appellants/accused Nos.8 and 9, Criminal Appeal No.1194 of 2017 is filed by the appellants/accused Nos.16, 35 and 36, Criminal Appeal No.1359 of 2017 is filed by the appellants/accused No.4, and the Criminal Appeal No.174 of 2018 is filed by the appellants/accused Nos.1, 2, 5, 7, 15, 20 and 22, aggrieved by the judgment dated 25.09.2017 in S.C.No.45 of 2014 on the file of the Special Sessions Judge for Trial of cases under the SCs and STs (PoA) Act-cum-VIII Additional Sessions Judge, Nizamabad.
2. Since all the appeals are filed questioning the judgment passed by the learned Sessi
In mob violence cases, individual liability cannot be substantiated without evidence of a common object; convictions must rely on specific overt acts attributed to individuals.
The prosecution must prove the guilt of accused beyond reasonable doubt; inconsistencies in witness testimony led to acquittal of appellants.
The central legal point established in the judgment is the requirement for reliable eyewitness testimony and proper identification procedures to prove guilt beyond reasonable doubt.
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
Eyewitness testimony corroborated by medical evidence can establish guilt beyond reasonable doubt in murder cases involving conspiracy and unlawful assembly.
In criminal trials, a conviction based solely on eyewitness testimony requires corroboration, especially when evidence raises significant doubt about witness credibility.
Proper identification procedures, such as Test Identification Parade, and the examination of key witnesses are essential to establish charges beyond reasonable doubt.
The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient and inconsistent evidence led to the acquittal of the accused.
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