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Supreme Court of India · 01/09/2025

TARUN SHARMA versus STATE OF HARYANA

[2025] 9 S.C.R. 1273 · 2025 INSC 1139

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Summary

A conviction under Section 302 IPC and life sentence, resting solely on a statement treated as a dying declaration recorded by a police sub-inspector after the eyewitnesses turned hostile, was set aside and the appellant acquitted: the doctor who certified fitness was neither identified nor examined, no treatment records were produced, the recording officer noted neither his own satisfaction about fitness nor the time of recording, the deceased's brother and the treating doctors showed the deceased was unconscious and unable to speak, and the knife recovery lacked serological corroboration. The Court also deprecated the High Court's practice of appointing an amicus and hearing a life-sentence appeal on the same day without time to prepare.

Issues

  1. Whether the High Court's disposal of a life-sentence appeal by appointing an amicus curiae in the absence of engaged counsel and hearing and reserving judgment the same day, without records or time to prepare, satisfied the requirement of a fair and effective hearing under Article 21.
  2. Whether the statement of the deceased recorded by the investigating officer (Exh. P-34) was proved and reliable enough to be the sole basis of conviction.
  3. Whether and to what extent the testimony of a prosecution witness declared hostile can be relied upon by the defence.
  4. Whether the trial court ought to have exercised its powers under Section 311 CrPC and Section 165 of the Evidence Act to examine the doctor who certified the deceased's fitness.
  5. Whether recovery of a knife at the instance of the accused, without serological linkage to the deceased, corroborates guilt.

Provisions considered

Held

Result

Appeal allowed; judgment of the High Court dated 24.09.2024 and the trial court's judgment and order of sentence dated 26.08.2013 set aside; appellant acquitted of the charges and to be released from custody forthwith if not wanted in any other case; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 1273.