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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, N.TUKARAMJI
State of Telangana – Appellant
Versus
Ambati Srinivas – Respondent
JUDGMENT :
P. SAM KOSHY, J.
1. Heard Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the appellant – State and Mr. A. Bhupathi Reddy, learned counsel, representing Mr.Papaiah Peddakula, learned counsel for the respondents – accused.
2. Aggrieved by the judgment of acquittal dated 27.01.2015 in Sessions Case No.468 of 2012 passed by the V Addl. District Judge at Bhongir, the instant appeal has been filed by the appellant – State.
3. Vide the impugned judgment, the Trial Court found accused No.1 not guilty for the offence punishable under Section 498-A and 309 of IPC. At the same time, accused Nos.2 to 4 were also found not guilty for the offence punishable under Section 498-A and 302 read with Section 109 of IPC and all the accused persons stood acquitted of all the charges leveled against each one of them.
4. The case of the prosecution, in brief, is that the deceased Ambati Manasa was the wife of accused No.1. It is the case of the complainant (father of the deceased) that accused No.1 and his daughter initially had a happy married life for about six months time. Thereafter, accused No.1 started harassing deceased on the ground of dowry and he was continuously asking fo
The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
Point of Law : Power of an Appellate Court to review evidence in appeals against acquittal is as extensive as its powers in appeals against convictions, but that power is with a note of caution that ....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
It is settled principle of criminal justice system that if a perpetrator of crime is sat free, in that case, the concept of deterrent theory may not work and there might be adverse effect upon the so....
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
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