Back
IN THE HIGH COURT OF ALLAHABAD
Vivek Kumar Birla, Mohd. Azhar Husain Idrisi
Shambu – Appellant
Versus
State – Respondent
JUDGMENT :
Mohd. Azhar Husain Idrisi, J.
1. (i).Office report dated 03.08.1983 demonstrates that Trial Court Record has been received way back in the year 1983 and the accused appellants were released on bail vide order dated 09.06.1983. The paper books were also prepared pursuant to the order dated 15.07.2019. Order sheet transpires that the learned counsel for the accused appellants avoided to appear before the Court to argue the appeal, despite consistent orders. In these pressing and compelling circumstances non-bailable warrants were issued against the accused appellants on 15.07.2019, which were duly executed upon the accused appellants, the accused appellants appeared in the court of Chief Judicial Magistrate, Jalaun at Orai and were released on bail with undertaking that they would appear before this court on the date fixed. A perusal of the order sheet further evinces that the appeal was listed on 16.03.2022 and 31.08.2022 for hearing but no one appeared on behalf of appellants to advance arguments. The appeal was again listed on 31.01.2024 for hearing. On that date, learned counsel for the accused appellants appeared and made a request for being adjourned. The appeal was ag
Witness testimony from relatives can be credible if corroborated; delay in FIR is not fatal if satisfactorily explained.
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 burden of proof rests on the prosecution to establish guilt beyond a reasonable doubt, and contradictions in eyewitness testimonies may result in acquittal.
Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.
![Hari Hessa VS State of Bihar [Now Jharkhand] - 2023 Supreme(Jhk) 856](https://supremetoday-s3.b-cdn.net/Jharkhand_3.png)
The prosecution must prove the charge beyond all reasonable doubt, and fair investigation is necessary to establish the place of occurrence.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
