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HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV GUPTA, DEVENDRA SINGH-I, J.
Radha Charan Sharma - Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 235 of 1984
Decided On : 11-02-2026
| Table of Content |
|---|
| 1. factual backdrop of the case. (Para 1 , 2 , 3) |
| 2. details of the investigation and evidence collected. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. post-mortem findings and implication. (Para 10 , 11 , 12 , 13 , 14) |
| 4. trial initiation and charge framing. (Para 15 , 16 , 17) |
| 5. witness testimonies regarding motive. (Para 18 , 19 , 20) |
| 6. cross-examination of witnesses. (Para 21 , 22 , 23) |
| 7. medical analysis and conflicting expert testimony. (Para 24 , 25 , 26 , 27 , 28) |
| 8. investigation process and police conduct. (Para 29 , 30 , 31) |
| 9. defendant's assertion of innocence. (Para 32 , 33 , 34) |
| 10. trial court's conviction summary. (Para 35 , 36) |
| 11. critique of trial judgment and grounds for appeal. (Para 37 , 38 , 39 , 40 , 41) |
| 12. legal principles on circumstantial evidence. (Para 43 , 44 , 45 , 46 , 47) |
| 13. prosecution's argument and support of trial findings. (Para 48 , 49 , 50 , 51) |
| 14. critical analysis of the trial court's findings. (Para 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59) |
| 15. legal framework addressing evidence admissibility. (Para 60 , 61 , 62 , 63 , 64) |
| 16. witness reliability and evidence scrutiny. (Para 65 , 66 , 67 , 68) |
| 17. evaluation of evidence for the weapon recovery. (Para 69 , 70 , 71 , 72) |
| 18. conclusive remarks on the absence of corroborative evidence. (Para 73 , 74 , 75 , 76 , 77 , 78) |
| 19. final determination and case conclusion. (Para 79 , 80) |
| 20. order of acquittal and procedural directives. (Para 81 , 82) |
Judgment :
Rajiv Gupta, J.
1. Heard Shri Vishesh Kumar, learned Amicus Curiae for the appellant, learned AGA for the State and perused the trial court record.
2. The instant criminal appeal has been filed against the judgment and order dated 19.01.1984, passed by learned Sessions Judge, Mathura in Sessions Trial No. 65 of 1983 ( State of U.P. Vs. Radha Charan Sharma ), arising out of Case Crime No. 36 of 1983, under Section 302 IPC, Police Station Raya, District Mathura, whereby the accused-appellant has been convicted for the offence under Section 302 IPC and awarded the sentence of life imprisonment.
3. In the instant case, the information about the incident, in question, was given by the accused-appellant himself through a written report submitted by him in the Police Station Raya on 02.02.1983 at 7:30 AM, which was registered vide Case Crime No. 36 of 1983, under Section 302 IPC. The FIR particularly reveals that in the night at about 12:00 O’clock, the informant had a quarrel with his wife Pramila and she threatened him that within 2-3 days, she will get her killed. The said conversation could not be tolerated by him and in a fit of anger, he struck a farsa blow on her neck causing her instantaneous death. However, in the late hours of the night, he could not approach the Police Station to lodge the report but has now come to register the report.
4. On the basis of the said written report (Exhibit Ka-5) given by the accused-appellant himself, a chik FIR (Exhibit Ka-6) was drawn and its corresponding G.D. entry was also made, carbon copy whereof has been marked as Exhibit Ka-7.
5. After registration of the said FIR in the presence of Second Officer Mahendra Pal Singh (PW-6), investigation of the said case was entrusted to him. He thereafter recorded the statement of Head Moharrir Kamal Kishor Mishra and thereafter, recorded the statement of accused Radha Charan Sharma, who was also present in the Police Station itself. In the said statement, the accused-appellant made a disclosure that a farsa, by which, he had killed his wife, could be got recovered by him, as such, he was taken into custody and the Investigating Officer alongwith the accused-appellant reached at his house, where number of persons were present. Out of them, Har Prasad and Resham Lal were appointed as witnesses and in front of them, the accused- appellant went into the Kotha and from inside the Kotha, he brought a blood-stained farsa and handed it over to the Investigating Officer, which has been marked as Material Exhibit- 1. The said farsa was t
AI
The court emphasized that a conviction based on circumstantial evidence requires clear and cogent proof, which the prosecution failed to establish, particularly regarding motive and the admissibility....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.
The confessional statement of the Appellant was inadmissible under Sections 24 to 27 of the Evidence Act, and the remaining evidence was insufficient to prove the Appellant's guilt beyond reasonable ....
The court affirmed that corroborative eyewitness testimony and medical evidence can establish guilt beyond a reasonable doubt, despite the absence of the murder weapon.
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
The prosecution must prove the accused's guilt beyond reasonable doubt; contradictions in witness testimonies and procedural delays can undermine the case.
A conviction for murder under Section 302 of the Indian Penal Code requires credible evidence beyond reasonable doubt, including corroborative evidence when relying on confessions or weapon recovery.
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