Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3687

HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV GUPTA, SAMIT GOPAL, JJ.
Raj Kumar – Appellant
Versus
State of U.P. – Respondent
JAIL APPEAL No. - 60 of 2020
Decided On : 10-12-2025

Advocates Appeared:
For the Appellants : Dharmendra Kumar Chaubey, From Jail, Manish Jaiswal, Pravin Kumar Tiwari
For the Respondents: G.A.

In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances that excludes any reasonable hypothesis other than guilt, failing which the accused is entitled to acquittal.

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 495 - Conviction and sentencing of the appellant to life imprisonment for the murder of his wife, with a fine imposed - The prosecution's case is based on circumstantial evidence, with no eyewitnesses presenting credible links to the accused - The judgment highlights the insufficiency of evidence and inconsistencies regarding the arrest and recovery of critical evidence, including the murder weapon and the accused's presence at the crime scene. (Paras 19, 24, 46)

(B) Legal principles of circumstantial evidence - The court reiterates that all circumstances must establish a complete chain leading to guilt, excluding any reasonable hypothesis of innocence - The sacred principles include that the prosecution bears the burden to prove guilt beyond reasonable doubt. (Paras 10, 15, 24)

Facts of the case:
The appellant is accused of murdering his second wife, Puja. The mother of the deceased reported threats prior to the incident, claiming the appellant had assaulted the deceased before. A gas cylinder was recovered, alleged to be the murder weapon, and the appellant was arrested shortly after the incident. The postmortem indicated death due to severe head injuries. (Paras 1, 2, 5)

Findings of Court:
The evidence presented failed to establish a direct link between the appellant and the crime consistently. Key witnesses presented contradictory statements, and the recovery was poorly substantiated. The prosecution did not satisfactorily connect all circumstantial evidence to the appellant's guilt. (Paras 31, 46)

Issues: The main issues addressed include whether the prosecution established sufficient evidence for conviction under Sections 302 and 495 IPC and whether the circumstantial evidence supplied a conclusive narrative pointing to the appellant's guilt.

Ratio Decidendi: The court concluded that the prosecution's evidence was severely lacking, failing to form a definite chain of circumstances required to prove guilt under circumstantial law, outlining the fundamental principle that the burden of proof lies with the prosecution.

Result: Appeal allowed; accused acquitted.

Table of Content
1. initial facts of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. testimonies of key witnesses (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. procedural aspects including witness examination (Para 17 , 18 , 19)
4. arguments by both parties (Para 21 , 22)
5. court's reasoning and application of law (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46)
6. conclusion and order of acquittal (Para 47 , 48 , 49)

Judgment :

Samit Gopal, J.

1. The present jail appeal has been preferred from jail by the appellant Raj Kumar against the judgment and order dated 28.11.2019 passed by the Sessions Judge, Ghaziabad in Session Trial No. 273 of 2017 (State Vs. Raj Kumar) Computer Registration No. 276/2017 (CNR No. UPGZO-10074922017) arising out of Case Crime No. 90 of 2017, under Sections 302 , 495 IPC , Police Station Tronica City, District Ghaziabad by which the appellant has been convicted and sentenced under Section 302 I.P.C. for life imprisonment along with fine of Rs. 10,000/- and in default of payment of fine to further undergo one year additional imprisonment. Set-off, of the period already undergone, has been ordered to be extended to the accused.

2. An undated tehrir of which Bharti is the scribe was given by Smt. Kanta to the Station House Officer, District Ghaziabad alleging therein that she is the wife of Sanjay Kumar living in Gali No. 2, near Neelam Factory, Rajiv Garden, Police Station Loni, District Ghaziabad. Her daughter Puja was married on 25.04.2016 to Raj Kumar son of Brijpal a resident of Bulandshahr. Raj Kumar was married earlier also and had two children due to which he used to often assault her daughter and on 17.01.2017 when she went to meet her daughter at the rented place, Raj Kumar was having a fight with her and in a state of anger told Puja that he would murder her on which she stopped him and consoled her daughter and came back to her house. Today on 17.01.2017 in the afternoon when she came to the house of her daughter, Raj Kumar was beating her mercilessly and extending threats for murdering her. In the evening she was in Tronica City Factory where she received a phone call from Sadabad Dugyawali stating that her daughter has been assaulted by a small gas cylinder on her head on which she ran to her house and found her daughter lying on the floor in an injured condition. She raised her but there was no movement and she had died. The accused had cheated them and had solemnized second marriage with her daughter Puja. The murder is of about 07:00 pm. Report be lodged and action be taken. The said application is Exb: Ka-1 to the records.

3. On the basis of the said application a First Information Report was lodged as Case Crime No. 90 of 2017, under Sections 302 , 495 I.P.C., Police Station Tronica City, District Ghaziabad against Raj Kumar on 18.01.2017 at 20.30 hours. The Chik FIR is Exb: Ka-18 to the records.

4. The police took in its possession a blood stained lower of the accused Raj Kumar and prepared a recovery memo on 19.01.2017. The same is Exb: Ka-13 to the records. Further a small gas cylinder was taken into possession by the police on 18.01.2017 and the recovery memo was prepared which is Exb: Ka-14 to the records. Plain mud and blood stained mud was also taken into possession on 18.01.2017, the recovery memo of the same is Exb: Ka-11 to the records.

5. The postmortem of the deceased Puja was conducted on 19.01.2017 at 04:00 pm by Dr. M.K. Tomar in which the doctor found the following injuries:

(i) L.W. 1.0cm x 1.0cm x bone deep over outer end of right eye brow.

(ii) Contusion 15cm x 11cm over right side face and upto right side skull.

Further the doctor found under the skull, the right temporal, parietal, right frontal bone and base fractured and clotted blood was present in the brain.

The cause of death was opined as Coma due to antemortem head injuries. The postmortem examination report is Exb: Ka-4 to the records.

6. Certa