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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Chinna Bashappa – Appellant
Versus
State Of Telangana, Represented By Its Public Prosecutor – Respondent
ORDER :
TIRUMALA DEVI EADA, J.
This Criminal Revision Case is filed aggrieved by the judgment, dated 05.10.2016, passed in Crl.A.No.37 of 2015 by the learned Special Sessions Judge-cum-VII Additional District and Sessions Judge, Mahabubnagar.
2. Heard Sri A. Prabhakar Rao, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent-State.
3. The case of the prosecution is that on 24.04.2012, the de facto complainant lodged a report stating that on 23.04.2012 at about 06:00 PM, while the husband of the de facto complainant, her father-in-law and brother-in-law were marking in their own land, the adjacent plot owners i.e., the accused, demanded them to leave two feet width of place and when they refused to do so, all the accused beat her husband, father-in-law and brother-in-law with sticks and caused bleeding injuries on the head and other parts of the body. Based on the said report, the Sub-Inspector of Police had registered a case in Crime No.35 of 2012, under Sections 147 and 324 read with 34 I.P.C. against the accused. During the course of investigation, the police have recorded the statement of the father-in-law of t
Retrial of individuals acquitted in prior proceedings violates the principle of double jeopardy under Section 300 Cr.P.C., which prohibits trying a person again for the same offence.
The court affirmed that appellate courts must uphold acquittals unless clear evidence of trial court error or gross injustice is shown.
The High Court cannot convert a finding of acquittal into a conviction under Section 401(3) of Cr.P.C.
Acquittal of co-accused on identical charges and evidence mandates discharge of other accused to prevent abuse of process.
The main legal point established in the judgment is the exclusive jurisdiction of the Court in altering or adding charges and committing the case to the Court of Session, as well as the limitations o....
The victim's right to appeal is restricted by statute, and a revision for sentence enhancement is permissible without prior appeal against acquittal; principles of proportionality in sentencing were ....
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