Hyderabad: Justice Radha Rani of the Telangana High court set aside the conviction and an eight-year sentence of an accused in a murder case registered by the Begumpet police station. A patrol team found a body lying in blood in the early hours of August 26, 2006.
The victim was later identified as Satish alias Chinna, an auto driver, who went missing. His autorickshaw was found abandoned near a theatre at Moosapet.
The case of the prosecution was based on confessions made by two other auto drivers and an incident of an altercation between different auto drivers. The prosecution proceeded to investigate, and charge sheet the appellant and two others based on the confession of the other two.
According to the prosecution, two auto drivers got into an altercation with the deceased. The III Additional Metropolitan Sessions Judge acquitted the others and sentenced the appellant. In her verdict, Justice Radha Rani pointed out that but for the confession of the co-accused, there was no eyewitness to the occurrence.
“It is well settled that when there is no direct evidence against the accused and when the prosecution case rests upon the circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances unerringly point to the guilt of the accused… All the links in the chain of circumstances must be complete and should be proved through cogent evidence”.
Justice Radha Rani pointed out that the prosecution erred in relying on the Section 164 statement, as it was not voluntary. She reasoned that ‘the last seen theory’ was a weak piece of evidence and could not form the basis for a conviction. The arguments for Muzzafar Ullah Khan found favour with the judge. The court, accordingly, set aside the conviction.
