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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, MOHD. AZHAR HUSAIN IDRISI
Gendan Lal – Appellant
Versus
State of U.P. – Respondent
(Per: Hon’ble Vivek Kumar Birla, J.)
1. This criminal appeal has been preferred assailing the judgement and order dated 25.10.1993 passed by Special/Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 373 of 1986 convicting and sentencing the appellant under section 307 IPC to undergo imprisonment for life and under section 25 ARMS ACT to undergo sentence of three years rigorous imprisonment, directing all the sentences to run concurrently.
2. By the order dated 10.11.1993, the appellant was released on bail.
3. The prosecution story, in brief, is that the complainant and the accused persons were residents of Village Kharkari, Police Station Katra, District Shahjahanpur. Accused Gendan Lal was the cousin (mausera bhai) of co-accused Karan Lal and he was the resident of Village Madhra, Police Station Bisalpur, District Pilibhit. Both sides had previous enmity due to which, one person from both sides had been murdered. Injured Ram Bharose was the uncle of complainant Raja Ram. One FIR was lodged for the murder of Balak Ram against accused sides and another FIR was lodged for the murder of Munna Lal (brother of accused Karan Lal) against the complainant side. Both the cases w
Witness testimony, particularly that of injured victims, holds significant weight in criminal cases, affirming convictions despite claims of investigative defects or witness bias.
Related witness testimony can be credible in criminal proceedings, and minor discrepancies do not undermine the prosecution case if the core narrative remains intact.
The credibility of witness testimonies in criminal trials requires careful scrutiny, particularly when they are related to victims, and the prosecution must establish guilt beyond a reasonable doubt.
The testimony of injured witnesses holds significant evidentiary value and can support a conviction for murder when corroborated by medical evidence, establishing intent beyond reasonable doubt.
The court upheld the conviction of the surviving appellants based on reliable ocular evidence from injured witnesses, emphasizing the special status of such testimony in criminal cases.
The court modified murder convictions under Section 302/149 to Section 304 Part-II/149 based on medical evidence attributing death to septicaemia from ante mortem injuries, highlighting the significa....
The court affirmed that testimony from injured witnesses is highly credible, and minor inconsistencies do not undermine the prosecution's case if corroborated by medical evidence.
Eyewitness testimony from relatives is admissible and credible if consistent and corroborated by medical evidence, regardless of their relationship to the victim.
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
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