The Telangana High Court has recently acquitted Wadde Raju, an auto driver from Kodur village in Mahbubnagar district for the murder of one Shanthamma.
Previously, the Family Court-cum-VIII Additional Sessions Judge in Mahbubnagar had convicted and sentenced Raju to life imprisonment on May 11, 2015, prompting him to appeal to the High Court.
In addition to the life sentence, Raju had also been sentenced to two years of simple imprisonment for theft under Section 379 IPC and three years of simple imprisonment for causing the disappearance of evidence under Section 201 IPC. All sentences were set to run concurrently, and a fine of Rs 5,000 was imposed.
Upon hearing Raju’s appeal, a bench of Justice K Surender and Justice Anil Kumar Jukanti found that the sessions judge had convicted him based on witness testimonies, including that of the deceased’s son, and evidence such as the seizure of items allegedly belonging to the victim. However, the bench found the evidence to be highly inconsistent and the prosecution’s case to be riddled with discrepancies.
One major point of contention was the testimony of the deceased’s son, who identified his mother’s body and personal items. He later stated in cross-examination that he only learned of his mother’s death on May 7, 2014, well after the body had been cremated on April 29, 2014. This contradiction raised serious doubts about the reliability of the identification process.
The division bench also found that Raju’s confession was obtained in the presence of police personnel and therefore inadmissible under Section 25 of the Indian Evidence Act. The only exception to this rule is evidence of recovery under Section 27 of the Indian Evidence Act.
