Absence Of Direct Eyewitnesses Does Not Warrant Acquittal: High Court

Hyderabad:The Telangana High Court has held that the absence of direct witnesses would not warrant acquittal in a murder case if the circumstances established by the prosecution formed a complete chain that pointed to the guilt of the accused.

It further clarified that while Section 106 of the Indian Evidence Act did not shift the initial burden of proof from the prosecution, the failure of an accused to offer a satisfactory explanation for a death occurring inside the shared residence can serve as an additional link in the chain of circumstantial evidence.

A division bench comprising Justice K. Lakshman and Justice K. Sujana dismissed a criminal appeal filed by Agurla Laxmi alias Gouri, who challenged her conviction for strangling her husband Komuraiah to death and attempting to screen the offence by portraying it as a natural death.

The bench upheld the judgment of the Principal Sessions Judge, Adilabad, convicting the appellant under Sections 302 and 201 of the Indian Penal Code and sentencing her to life imprisonment for murder and five years' rigorous imprisonment for causing disappearance of evidence or screening the offence.

According to the prosecution, Laxmi after strangling husband while he was sleeping, informed relatives and neighbours that he had died due to excessive consumption of liquor.

The suspicion arose the following morning when relatives noticed a ligature mark around the deceased's neck while performing the customary bathing of the body before the last rites. When questioned, the appellant allegedly admitted that she had strangled her husband because of his harassment. Based on the circumstantial evidence and medical reports, the district court had sentenced her to life imprisonment.

She filed a criminal appeal on the ground that the prosecution had relied on the extra-judicial confession and circumstantial evidence. Her counsel pointed out the absence of direct witness regarding the involvement of the convict.

The bench rejected the contention that the extra-judicial confession was weak evidence and that the nylon rope had been planted. It observed that the confession was not the sole basis for conviction but was corroborated by the testimony of relatives and neighbours, medical evidence and the recovery of the rope.

Significantly, the court clarified that merely because the panch witnesses had turned hostile, their entire testimony could not be discarded. The admissible portions of their evidence could still be relied upon if supported by other material on record. It noted that one of the witnesses had admitted that the appellant disclosed the murder and handed over the nylon rope to the police.

Finding that the appellant had initially attempted to portray the death as natural and had subsequently disclosed the strangulation, the court held that the ingredients of Section 201 IPC were also established.

HC reserves orders on police plea to cancel bail granted to two BRS MLC

Hyderabad:The Telangana High Court on Monday reserved orders on a criminal petition filed by the police seeking suspension of the bail granted to BRS MLCs Thatha Madhusudhan and Nagirikunta Naveen Kumar who were accused of making derogatory remarks against Assembly Speaker Gaddam Prasad Kumar by referring to his caste.

Justice B.R. Madhusudan Rao reserved orders in a criminal petition filed by the assistant commissioner of police, Sultan Bazaar, challenging the September 8 order of the First Additional Chief Metropolitan Magistrate, Hyderabad, granting bail to the two MLCs in connection with the case registered at the Saifabad police station.

During a previous hearing, the court had questioned public prosecutor Palle Nageshwar Rao on whether the investigating officer had issued notices to the accused under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, as the offences alleged against them attracted punishment of less than five years. The public prosecutor initially contended that issuing such notices was unnecessary in view of the alleged derogatory remarks against a constitutional authority, but subsequently sought time to obtain instructions.

On Monday, the puplic Prosecutor furnished written instructions on the issue and also sought suspension of the bail order granted by the magistrate.

Opposing the police plea, counsel for the MLCs, T.V. Ramana Rao, denied that his clients had made the alleged remarks on September 7, 2026. He submitted that the BRS leaders, including the two MLCs, had been prevented by the police and Assembly marshals from entering the Assembly premises to participate in the proceedings on that day.

Affected forest land due to Radar Project -HC directs State to ensure completion of compensatory afforestation

Hyderabad:The Telangana High Court has directed the state government to ensure completion of compensatory afforestation in connection with the Indian Navy’s Extremely Low Frequency (ELF) radar project at Damagundam in Vikarabad district within the stipulated time frame. The court also directed the government to file an additional affidavit furnishing comprehensive details of the plantation and forest restoration activities undertaken so far, the work remaining and the timeline for its completion.

A division bench comprising Acting Chief Justice P. Sam Koshy and Justice Suddala Chalapathi Rao heard the public interest litigation on Monday. Government counsel Pottigari Sridhar Reddy informed the court that an official had inspected the afforestation sites pursuant to earlier directions and submitted a report on the progress of the plantation work. He informed the court that plantations had been raised in different areas during the past two years, with survival rates ranging between 70 and 80 per cent.

Special counsel also submitted that the state had deposited the funds sought by the forest department towards compensatory afforestation to make good the loss of forest land diverted for the project. The bench questioned the fate of the 25 to 30 per cent of saplings that failed to survive and emphasised that the government was responsible for replacing the dead plants to achieve the afforestation objective. It directed the government to furnish details of the plantation work proposed in the remaining areas, together with a definite schedule for its completion. The matter was adjourned to November 17.

In a PIL filed challenging the state government's decision to divert 2,900 acres of Damagundam reserve forest land for the Navy's radar project, the High Court had earlier clarified that there was no restraint on the Navy proceeding with the development of the project. It kept the PIL pending specifically to monitor the progress of compensatory afforestation.