Andhra HC (Pre-Telangana)
Gandham Ravi, S/O.Shankaraiah, Aged ... vs State Of Andhra Pradesh Rep. By Its ... on 6 March, 2014
Author: M.S.K.Jaiswal
Bench: M.S.K.Jaiswal
THE HONOURABLE SRI JUSTICEL.NARASIMHA REDDY and THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL APPEAL No.1637 of 2009 06-03-2014 Gandham Ravi, S/o.Shankaraiah, Aged about 21 years, R/o.Kothapalli, Ramagundam Mandal, Karimnagar District,... Appellant State of Andhra Pradesh Rep. by its Public Prosecutor, High Court of A.P.Hyderabad . Respondents Counsel for the Appellant: SRI Y. HYMA KUMAR Counsel for Respondent: PUBLIC PROSECUTOR <Gist : >Head Note: ?Cases referred: THE HONBLE SRI JUSTICE L.NARASIMHA REDDY AND THE HONBLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL APPEAL No.1637 of 2009 JUDGMENT:
(Per LNR,J) The sole accused in S.C.No.109 of 2009 on the file of the III Additional Sessions Judge, Karimnagar, filed this appeal, feel The prosecution against the accused commenced with the submission of a complaint-Ex.P.1 by P.W.1 before the Station Hou A case was registered and is said to have been handed over to C.I of Police-P.W.15. In the course of investigation, the acc To prove its case, the prosecution examined P.Ws.1 to 16 and Exs.P.1 to P.15 were filed. On behalf of the defence, though n Through its judgment, dated 24.09.2009, the trial Court convicted the accused of the offence punishable under Section 3 Learned counsel for the appellant submits that the very submission of the complaint by P.W.1 was 14 months after the so The learned Public Prosecutor, on the other hand, submits that the delay in filing of the complaint was on account of t This is a typical case where a complaint in respect of a missing person was submitted 14 months after the event. Thoug The entire case of the prosecution rested upon the confession said to have been extracted from the accused. Though the The corpus delecti is said to have been recovered after exhuming it at a place shown by the accused. Two factors assum DNA is extracted from item Nos.1, 7 and 14 and subjected to Autosomal STR analysis by using indentifiler kit. There DNA could not be extracted from item nos.2, 8, 9, 10 and 11.
DNA profile of item nos.1, 7 are necessary to compare with the DNA profile item no.14. Hence, no result/conclusion can be given.
Once the DNA test did not yield any result, it cannot be said that the prosecution proved that the mortal remains that Even if there is any doubt about the identity of the mortal remains recovered at the instance of the accused, the convi As observed in the preceding paragraphs, the prosecution relied exclusively upon the confession of the accused. The co Viewed from any angle, we do not find any basis for holding that the accused is guilty of committing the offence of mur In the result, the Criminal Appeal is allowed. The conviction and sentence ordered in S.C.No.109 of 2009 on the file of ____________________ L.NARASIMHA REDDY, J ___________________ M.S.K.JAISWAL,J Dt: 06.03.2014