IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, PRAVEEN KUMAR GIRI
Luxman – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. court can proceed in absence of appellant. (Para 1 , 2 , 3) |
| 2. absence of appellant does not necessitate adjournment. (Para 4 , 5) |
| 3. prosecution story details the murder incident. (Para 7 , 8 , 9 , 10 , 11) |
| 4. investigating officer's actions documented. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. charge-sheet filed against accused after investigation. (Para 18 , 19 , 20) |
| 6. charges framed against accused in trial court. (Para 21 , 22 , 23 , 24) |
| 7. witness testimonies support prosecution case. (Para 26 , 27 , 28 , 29) |
| 8. court's review of trial court's judgment. (Para 30 , 31 , 32) |
| 9. evidence corroborates prosecution's claims. (Para 33 , 34 , 35 , 36 , 37) |
| 10. quality of evidence over quantity emphasized. (Para 38 , 39 , 40) |
| 11. legal principles regarding witness testimony. (Para 41 , 42 , 43) |
| 12. motive established but not essential for conviction. (Para 46 , 47 , 48 , 49) |
| 13. final judgment and order of the court. (Para 50 , 51 , 52 , 53 , 54) |
JUDGMENT :
1. List revised. No one appears on behalf of the appellant to press the present appeal.
2. Learned counsel for the appellant died long back and as such, appellant was issued notice to engage another counsel vide order dated 24.10.

Surya Baksh Singh vs. State of Uttar Pradesh
Gulam Sarbar v. State of Bihar (now Jharkhand)
The court can proceed with a criminal appeal on merits in the absence of the appellant and does not need to appoint an Amicus Curiae if the record supports the conviction.
The court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness tes....
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
The prosecution must prove its case beyond reasonable doubt; lack of credible evidence and inconsistencies in witness testimonies can lead to acquittal.
The conviction based on the testimony of a sole injured eyewitness is valid if the testimony is credible and minor discrepancies do not overshadow the overall evidence supporting the charges of murde....
A conviction for murder can be established on the basis of a credible solitary eyewitness, while absence of direct involvement leads to acquittal of another accused.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.