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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR BIRLA, NAND PRABHA SHUKLA
Khanne – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the crime and investigation (Para 5 , 10 , 11) |
| 2. witness testimonies and their relevance (Para 16 , 17 , 18) |
| 3. final ruling and justification of conviction (Para 20 , 28) |
| 4. defense arguments on false implication (Para 21) |
| 5. state's counterarguments on the evidence (Para 22 , 23) |
| 6. court's analysis of evidence credibility (Para 24 , 25 , 27) |
| 7. court's conclusion and directions (Para 29 , 30 , 31 , 32) |
JUDGMENT :
Ms. Nand Prabha Shukla, J.
1. Heard Sri Suresh Dhar Dwivedi, learned Counsel for the surviving Appellant No. 4, Sabir Ali, Sri Rahul Asthana, learned Additional Government Advocate for the State and perused the records.
2. This Criminal Appeal has been filed against the Judgement and Order dated 15.02.1984 passed by the Vth Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 140 of 1983 (State vs. Sabir and Others) and Sessions Trial No. 141 of 1983 (State vs. Khanne and Others) convicting the appellants under Section 302 /34 IPC and sentencing each of them for life imprisonment.
3. The Criminal Appeal against Appellant No.1, Khanne, Appellant No.2, Shamsher and Appellant No.3, Room Singh has been abated on 19.07.2018 due to their death.
4.
Eyewitness testimony from relatives can be credible; common intention can be established from the conduct surrounding the crime, not requiring elaborate prior planning.
Reliable eye-witness testimony of natural witnesses, consistent with medical evidence and prompt FIR, sustains murder conviction under 302/34 IPC despite alleged enmity.
The judgment underscores the principle that the prosecution must establish guilt beyond reasonable doubt, particularly when eyewitness testimony is contradicted and evidence is lacking.
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, leading to the acquittal of the accused due to substantial doubts regarding the credibility of witness testimo....
Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code to establish the shared common intention of the accused in committing the murder.
Criminal Law - Common Intention - Liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act....
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