VidhiSangh

Supreme Court of India · 11/03/2026

SANJAY KUMAR SHARMA versus STATE OF BIHAR & ORS.

[2026] 3 S.C.R. 556 · 2026 INSC 223

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Summary

Affirming the High Court's acquittal of a son and daughter-in-law accused of burning his parents to death in their thatched house, the Court restated the principles on dying declarations and found none of the written or oral declarations credible. The prosecution rested on motive and interested witnesses; independent witnesses were not examined, the cause of the fire was never investigated, and the incriminating circumstances were not put to the accused under Section 313 CrPC.

Issues

  1. What principles govern reliance on dying declarations, including multiple, oral and medically uncertified ones.
  2. Whether the written dying declarations (the first information statement recorded by the police and the statement recorded by the Block Development Officer) and the oral dying declarations deposed to by witnesses were credible.
  3. Whether the evidence on motive, the partially burnt complaints and the medical evidence established guilt beyond reasonable doubt, so as to reverse the High Court's acquittal.
  4. What was the effect of the trial court's failure to put the incriminating circumstances to the accused under Section 313 CrPC.

Provisions considered

Held

Result

Appeal by the elder son of the deceased dismissed; the High Court's acquittal of the accused affirmed.

Judgment PDF: Supreme Court of India, [2026] 3 S.C.R. 556.