Recovery of Weapon is not Enough: No Link Between Recovered Weapon and Crime : No Conviction
Andhra Pradesh High Court Conviction of K. Alluraiah under IPC Section 302 and Arms Act Section 27 Overturned Due to Insufficient Evidence
News Report: In a significant turn of events, the Andhra Pradesh High Court has acquitted K. Alluraiah, the appellant, in a case concerning the alleged murder of Kanala Kasi Reddy. The judgment, delivered on September 18, 2025, by Justices K. Suresh Reddy and Subba Reddy Satti, overturned the conviction of Alluraiah under Section 302 of the Indian Penal Code (IPC) and Section 27 of the Arms Act due to unreliable evidence linking the recovered weapon to the crime.
The case stemmed from a Criminal Appeal filed by Alluraiah, challenging his conviction and life sentence handed down by the VI Additional District and Sessions Judge at Prakasam, Markapur. The prosecution accused Alluraiah and four others of conspiring to kill Kasi Reddy, whom they suspected of practising witchcraft, allegedly leading to the death of Ramana Reddy in 2006.
The primary evidence against Alluraiah was the recovery of a country-made gun (MO5) from his fields, purportedly used in the crime. However, the High Court found the recovery evidence to be insufficient for conviction, citing contradictions among the investigating officers and lack of mediator support. The Court emphasized that mere recovery of a weapon does not establish guilt unless a close link between the weapon and the crime is demonstrated.
The prosecution's failure to prove a conspiracy further weakened the case, resulting in the acquittal of co-accused A2 to A5. The High Court noted that the prosecution's reliance on circumstantial evidence without eyewitnesses was inadequate to uphold the conviction.
The judgment stressed the necessity for reliable evidence in cases relying on circumstantial links. The Court highlighted that the burden lies on the prosecution to establish a direct connection between the discovered material object and its use in the crime, as per Section 27 of the Evidence Act.
The acquittal of Alluraiah marks a pivotal example of judicial scrutiny in cases dependent on circumstantial evidence, underscoring the importance of rigorous evidence evaluation.
Bottom Line:
Conviction cannot be solely based on the recovery of a weapon unless the prosecution establishes a close link between the recovered object and its use in the commission of the offense.
Statutory provision(s): Indian Penal Code, 1860 Section 302, Arms Act, 1959 Section 27, Evidence Act, 1872 Section 27, Indian Penal Code, 1860 Section 120-B
K. Alluraiah v. State of AP, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2781003
