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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, J.Sreenivas Rao
Marepally Shyamalamma, W/o.Marepally Hanumaiah – Appellant
Versus
State of Telangana rep. by its Public Prosecutor, High Court – Respondent
| Table of Content |
|---|
| 1. appeal against conviction under section 302 ipc. (Para 1 , 3) |
| 2. circumstances leading to allegations of strangulation. (Para 4 , 5) |
| 3. arguments on suspicion and evidence flaws. (Para 6 , 7) |
| 4. need for clear evidence in circumstantial cases. (Para 8 , 10) |
| 5. established principles for circumstantial evidence convicitons. (Para 9) |
| 6. suspicion cannot substitute for proof. (Para 11 , 12) |
| 7. acquittal based on lack of evidence. (Para 13) |
JUDGMENT :
K.Surender, J.
1. This appeal is filed aggrieved by the judgment dated 16.10.2014 in S.C.No.180 of 2014, on the file of Additional District and Sessions Judge, Vikarabad, R.R.District.
2. Heard the learned counsel for the appellant/accused and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent-State.
3. The appellant was convicted for the offence under Section 302 of IPC and sentenced to undergo life imprisonment.
4. The allegation against the appellant/accused is that she had strangulated her grandson on 17.11.2013. P.W.1 is the husband of the appellant who filed telugu written complaint on 17.11.2013 stating that his daughter married earlier and her husband died by committing suicide. Thereafter,
Conviction based solely on circumstantial evidence must be supported by proof beyond reasonable doubt; mere suspicion is insufficient for a legal finding of guilt.
Circumstantial evidence must be conclusive and leave no reasonable doubt for a conviction; suspicion alone is insufficient.
The prosecution must prove each circumstance in a case of circumstantial evidence beyond reasonable doubt; mere suspicion is insufficient for conviction.
Circumstantial evidence must establish a complete chain of incriminating facts to support a conviction for serious offenses, with the absence of alternative hypotheses for the defendant's innocence.
Conviction based on circumstantial evidence is sustainable when the chain of events proves guilt exclusively and the accused fails to provide a plausible explanation for an unnatural death occurring ....
There are no witnesses who have seen deceased and appellant prior together prior to his death, it cannot be inferred that appellant in any manner is responsible for death of deceased only on basis of....
Point of Law : Assumptions, presumptions and fanciful thinking cannot be made basis to arrive at conclusions in a criminal case.
Conviction based solely on circumstantial evidence requires a complete and coherent chain of events that excludes all reasonable hypotheses of innocence.
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