Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

Injury Timing and Nature Crucial in Upholding Conviction: High Court of Andhra Pradesh Reduces Sentence in House Trespass and Attempted Murder Case

07 May 2024 8:19 AM

By: Admin


The High Court of Andhra Pradesh dealt with the legality and propriety of the conviction under Sections 451, 307, and 393 of the IPC, affirming the decisions of the lower courts but modifying the sentence considering the prolonged pendency of the case and the age of the petitioner.

Facts and Issues: Madipalli Venkata Rao, the petitioner, was convicted for house trespass, attempted murder, and robbery. He allegedly trespassed into the house of P.W.1, threatened her for money and jewelry, and attempted to murder her. The case primarily hinged on the testimony of the victim, her family members, and neighbors, along with medical evidence of the injuries sustained.

The Court observed that the Principal Assistant Sessions Judge and Additional Sessions Judge had correctly appreciated the evidence.

The petitioner's defence of false implication was dismissed. His version during Section 313 Cr.P.C examination was not corroborated by evidence or during cross-examination.

Medical evidence was pivotal. The Medical Officer's testimony confirmed the timing and nature of injuries on both the victim and the petitioner, contradicting the defence's claim regarding the timing and manner of receiving injuries.

Decision: While the conviction under Sections 451, 307, and 393 IPC was affirmed, the High Court reduced the sentence from five years to three years for each offence, considering the prolonged pendency and the age of the petitioner. The fine and default sentence remained unchanged.

Date of Decision: 1st March 2024

Madipalli Venkata Rao @ Konda Vs. State of Andhra Pradesh

Latest Legal News