Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2299

IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, PRAVEEN KUMAR GIRI, JJ.
Bandu Ram - Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 275 of 1986
Decided On : 09-04-2025

Advocates Appeared:
For the Appellant : R.N. Lal, Akshay Kumar Shukla, Gaurav Singh, Ravindra Pal Singh Kashyap.

Extra-judicial confessions can be admissible as evidence if corroborated by other reliable evidence, and a prompt FIR is crucial for establishing the truth of the informant's account.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Sections 161 and 313 - Appellant convicted for the murder of his wife based on extra-judicial confession and circumstantial evidence including prompt FIR and recovery of murder weapon - Court held that absence of counsel does not prevent appeal decision on merits. (Paras 3, 4, 61)

(B) Extra-Judicial Confession - Admissibility - The court ruled that extra-judicial confessions can be relied upon if made voluntarily and are corroborated by other evidence. (Paras 58, 59)

(C) Prompt FIR - The significance of a promptly lodged FIR was emphasized as a crucial piece of evidence reflecting the truth of the informant's account. (Paras 38, 39)

Facts of the case:
The appellant was convicted for murdering his wife, with evidence including an extra-judicial confession made to villagers and police, and the recovery of a blood-stained weapon. (Paras 3, 4, 5)

Findings of Court:
The court confirmed the trial court's conviction, stating the evidence was sufficient and reliable. (Paras 61, 62)

Issues: The main issues included the validity of the extra-judicial confession, the promptness of the FIR, and the implications of hostile witnesses. (Paras 60, 61)

Ratio Decidendi: The court concluded that the extra-judicial confession, corroborated by other evidence, was sufficient to uphold the conviction despite the absence of the appellant and counsel during proceedings. (Paras 58, 61)

Result: Appeal dismissed; conviction upheld.

Table of Content
1. court's procedural observations during case hearing. (Para 1 , 2 , 3)
2. factual background of the murder case and investigation. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. arguments regarding the reliability of witnesses and evidence. (Para 30 , 31 , 32 , 33 , 34)
4. court's detailed analysis and evaluation of evidence. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60)
5. final judgment and order of the court. (Para 61 , 62 , 63 , 64)

JUDGMENT :

(Praveen Kumar Giri, J.)

1. While reserving the judgement on 20.03.2025, this Court has passed the following order:

“1. List revised. No one appears on behalf of the appellant to press the present appeal.

2. Vide order dated 29.07.2024, Shri Anurag Mishra, Advocate was appointed as Amicus Curiae to argue the matter and he has also obtained the paper-book.

3. As per the latest office report, the sole surviving appellant has been served through his daughter-in-law.

4. We find that vide order dated 05.02.2024, when no one appears for the appellant, bailable warrant was issued against the appellant.

5. As per office report dated 04.03.2024, the appellant has appeared before the lower court and later released on bail.

6. Today, again no one one appears for the appellant including the Amicus Curiae even though notice has been served.

7. In Surya Baksh Singh vs. State of Uttar Pradesh, (2014) 14 SCC 222, the Hon'ble Apex Court has held that it is always not necessary to adjourn the matter in case both appellants or his counsels/lawyers are absent and the Court can decide the appeal on merits after perusal of the record and the judgement of the trial Court. It has further been observed that if the case is decided on merits in the absence of the appellant, the higher court can remedy the situation. It has also been observed that appointment of Amicus Curiae is also on the discretion of the court. In paragraph 26 of the said judgement, it was held that it is always not essential for the High Court to an appoint Amicus Curiae, paragraphs 24 and 26 of the said judgement whereof are quoted as under:

“24. It seems to us that it is necessary for the Appellate Court which is confronted with the absence of the convict as well as his Counsel, to immediately proceed against the persons who stood surety at the time when the convict was granted bail, as this may lead to his discovery and production in Court. If even this exercise fails to locate and bring forth the convict, the Appellate Court is empowered to dismiss the appeal. We fully and respectfully concur with the recent elucidation of the law, profound yet perspicuous, in K.S. Panduranga v. State of Karnataka, (2013) 3 SCC 721. After a comprehensive analysis of previous decisions our learned Brother had distilled the legal position into six propositions:

19.1. that the High Court cannot dismiss an appeal for non-prosecution simpliciter without examining the merits;

19.2. that the Court is not bound to adjourn the matter if both the Appellant or his Counsel/lawyer are absent;

19.3. that the court may, as a matter of prudence or indulgence, adjourn the matter but it is not bound to do so;

19.4. that it can dispose of the appeal after perusing the record and judgment of the trial court.

19.5. that if the accused is in jail and cannot, on his own, come to court, it would be advisable to adjourn the case and fix another date to facilitate the appearance of the Appellant- accused if his lawyer is not present, and if the lawyer is absent and the court deems it appropriate to appoint a lawyer at the State expense to assist it, nothing in law would preclude the court from doing so; and

19.6. that if the case is decided on merits in the absence of the Appellant, the higher court can remedy the situation.

25 ...

26. Reverting back to the facts of the present case a perusal of the impugned order makes it abundantly evident that the High Court has considered the case in all its