When the prosecution failed to prove the offence as pleaded by it

Sections 341, 323, 324, 147, 148, 149, 302, 201, 452 and 354 IPC Offence of murder - When the prosecution failed to prove the offence as pleaded by it, the Court on the purported analysis of the evidence on record cannot convict the accused after throwing out the case of the prosecution as to the place and manner of the attack on the deceased. Once the prosecution version is disbelieved, that would create reasonable doubts in the mind of the Court as to the guilt of the accused, and it is not for the Court to ally the reasonable doubts by planting its own theory contrary to what the witnesses have specifically deposed. When the prosecution miserably failed to prove the alleged attack at Pedda Mandapam, where the deceased allegedly died as a result of such attack, it is not permissible for the Court to draw an inference that instead of being killed at Pedda Mandapam the deceased might have died on account of the injuries he has received at his house, in complete deviation from the case set up by the prosecution - In the absence of specific overt acts, the accused cannot be convicted for the offence of murder. So much so, the finding of the lower Court against accused Nos.3, 4, 8, 10 and 11 for the offence under Section 302 IPC is not sustainable - Appeal stands partly allowed_

Kasava Jayaram Chakali Pettadu, ... vs State Of A.P. CRL-A 878/1160 03/07/18

[ TELANGANA HIGH COURT ]