TARUN SHARMA versus STATE OF HARYANA

TARUN SHARMA versus STATE OF HARYANA

The conviction could not be sustained because the dying declaration (Exh. P-34) suffered grave infirmities—absence of recorded time, failure of the recording officer to record satisfaction as to fitness, non-identification and non-examination of the doctor who gave the fitness certificate (Exh. P-33), absence of contemporaneous medical records, and material contradictions with eye-witness testimony (notably PW-1 who said the deceased remained unconscious and could not speak); additionally, the recovery of the knife lacked scientific corroboration. These factors rendered the primary evidence unreliable and insufficient to prove guilt beyond reasonable doubt, warranting setting aside the...

Parties
Appellant: Tarun Sharma; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
01 September 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal in Supreme Court After Dismissal by High Court
Outcome
Appeal allowed; impugned judgments set aside; appellant acquitted and ordered released if not wanted in any other case
Legal Topics
Dying Declaration, Hostile Witness, Recovery and Scientific Corroboration, Right to Fair Trial, Amicus Curiae Appointment, Fitness Certificate, Section 302 IPC, Life Imprisonment
Criminal Law Evidence Constitutional Law Procedural Law Dying Declaration Hostile Witness Recovery and Scientific Corroboration Right to Fair Trial +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tarun Sharma

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal in Supreme Court After Dismissal by High Court

Legal Issues

  1. 1 Whether conviction under Section 302 IPC based primarily on the dying declaration (Exh. P-34) should be set aside
  2. 2 Admissibility and reliability of a dying declaration where medical fitness is unestablished
  3. 3 Evidentiary value of recovery made on accused's disclosure without scientific/serological corroboration

Ratio Decidendi

The conviction could not be sustained because the dying declaration (Exh. P-34) suffered grave infirmities—absence of recorded time, failure of the recording officer to record satisfaction as to fitness, non-identification and non-examination of the doctor who gave the fitness certificate (Exh. P-33), absence of contemporaneous medical records, and material contradictions with eye-witness testimony (notably PW-1 who said the deceased remained unconscious and could not speak); additionally, the recovery of the knife lacked scientific corroboration. These factors rendered the primary evidence unreliable and insufficient to prove guilt beyond reasonable doubt, warranting setting aside the...

Court Disposition

Appeal allowed; impugned judgments set aside; appellant acquitted and ordered released if not wanted in any other case

Orders

  • Judgment and order dated 24.09.2024 of the High Court set aside
  • Judgment and order dated 26.08.2013 of the trial Court set aside