Tag: Release of Accused

Use of Blunt Side of Weapons Key: Supreme Court Converts 302 IPC to 304 in Land Dispute Killing
Supreme Court

Use of Blunt Side of Weapons Key: Supreme Court Converts 302 IPC to 304 in Land Dispute Killing

The Supreme Court upheld the concurrent findings of the courts below on the appellants' involvement in causing the deaths. However, it altered the conviction from Section 302 IPC to Section 304 Part I IPC, finding that the act was done with the knowledge that it was likely to cause death, but without the intention to kill. The sentence already undergone was deemed sufficient. Facts Of The Case: On the morning of August 6, 1986, complainant Ram Gopal (PW-1) went with his father and two uncles to a river ghat to measure agricultural land for partition. There, they encountered the four accused appellants, including the owner of the adjacent land, Raghav Prashad. The accused, who were hiding, suddenly emerged and a dispute over the measurement ensued. This altercation quickly turned vi...
Supreme Court Acquits Accused in Murder Case, Cites Lack of Evidence and Hostile Witnesses
Supreme Court

Supreme Court Acquits Accused in Murder Case, Cites Lack of Evidence and Hostile Witnesses

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt based on circumstantial evidence. Key eyewitnesses turned hostile and their testimonies did not establish kidnapping or the 'last seen' theory. The Court emphasized that the foundational principles for convicting on circumstantial evidence were not satisfied, rendering the conviction unsustainable. Facts Of The Case: The case concerns the kidnapping and murder of Bhoominadhan, an auto-rickshaw driver from Nellore. The prosecution's case was that on the evening of 26th March 2016, the appellant-accused, Thammineni Bhaskar (A-1), along with his associates, forcibly dragged the deceased from his auto-rickshaw near a banyan tree in Talpagiri Colony and kidnapped him. The incident was allegedly witness...