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Showing contexts for: wrongly convicted in Adapala Sesha Reddy, Nellore Dt. Anr vs State Of A.P., Rep. By P.P., Hyd on 8 January, 2020Matching Fragments
2. The legality and validity of conviction of them for the offence under Section 302 IPC is assailed raising the following grounds:
(i) The appellants were convicted wrongly by the learned Additional District & Sessions Judge, Gudur though legally acceptable evidence was not placed on record to convict them for the offence under Section 302 IPC;
(ii) Though the testimony of PWs 1 to 3 and 6 appear to be untrustworthy, reliance was placed on their evidence instead of discarding the same;
(xii) Though medical evidence not tallied with the prosecution version, the accused wrongly convicted.
(xiii) No incriminating material was detected nor seized pursuant to the alleged statement made by A-1 to place reliance on it. The existence of dead bodies in the field of D2 was known to all;
(xiv) The statement on which signature of A-1 was taken forcibly was relied by the trial Judge despite bringing of such fact to his notice by Appellant No.1 whilst his examination under Section 313 Cr.P.C. The other appellant also pleaded that he was taken from his house by the police and he was forced to sign on papers.
31. The contention of the accused is that PWs 2 and 3 are chosen as witnesses by the prosecution and that they are planted witnesses. They have given evidence supporting the prosecution case, out of their interestedness in prosecution case, they are the strong supporters of Kammam Venkataramana Reddy, who is leader of the party opposed to the appellants. The trial court, having thought that no acceptable evidence is placed on record by the prosecution establishing the culpability of A3, upon close scrutiny of the evidence of PWs 2 and 3, placed reliance on their testimony, and wrongly convicted the appellants instead of holding that no credibility is there in their testimony.