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IN THE HIGH COURT OF ALLAHABAD
Vivek Kumar Birla, Praveen Kumar Giri, JJ.
Bandu Ram – Appellant
Versus
State of U.P. – Respondent
| 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 appe
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.
Circumstantial evidence must form a complete chain without breaks, and extrajudicial confessions require corroboration; benefit of doubt is given to the accused when evidence is insufficient.
Extra-judicial confessions made in police presence are inadmissible if not proven voluntary, requiring solid evidence for circumstantial convictions.
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
The confession recorded without statutory compliance is inadmissible, undermining the prosecution's circumstantial evidence in a murder appeal, reinforcing the principle of presumption of innocence.
Conviction based on circumstantial evidence requires a complete chain of evidence excluding all reasonable hypotheses of innocence; extrajudicial confessions need corroboration to be reliable.
There is no doubt that convictions can be based on extra-judicial confession but it is well settled that in very nature of things, it is a weak piece of evidence.
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