2021 CRI. L. J. 655
AIROnline 2020 AP 74
(ANDHRA PRADESH HIGH COURT)
Thamala Gunnayya Pandayya v. State of A.P.
Criminal Appeal No.-910 of 2014,
D.24- 11-2020
đź“ŚPenal Code (45 of 1860), S. 302 Evidence Act (1 of 1872), Ss. 3, 8 – Murder Circumstantial evidence Accused persons allegedly committed murder of deceased Witnesses, brother and cousin sister of deceased deposed that in middle of festival function, deceased left that programme which they were attending along with deceased and on next day dead body of deceased found Statement of brother of deceased silent about presence of cousin sister at festival function Contradiction found in statements of prosecution witnesses regarding time at which deceased left festival function and accused persons followed him Wife of accused deposing that she was harassed by accused for having illicit relation with deceased Wife of accused proved motive of alleged act but same cannot form basis for convicting accused in absence of sufficient material on record Failure of prosecution to establish chain of circumstances connecting accused with commission of offence.Conviction, set aside.
đź“ŚEvidence Act (1 of 1872), S. 24- Penal Code (45 of 1860), S. 302-Extrajudicial confession – Reliability Offence of murder – Accused persons confessed their guilt before Village Revenue Officer Village Revenue Officer is stranger to accused No material on record that ac- cused had prior acquaintance with Village Revenue Officer Moreover, Village Revenue Officer acted as witness for scene observation report and inquest Delay of two days in recording confession In absence of corroboration, extrajudicial confession cannot form sole basis to convict accused-Conviction, set aside.