Supreme Court Upholds Acquittal Where Investigation Is Tainted and Dying Declarations Are Unreliable and Contradictory

Case Name: Sanjay Kumar Sharma v. State of Bihar and Others
Citation: 2026 INSC 223
Date of Judgment/Order: 11 March 2026
Bench: Hon’ble Mr. Justice Sanjay Kumar; Hon’ble Mr. Justice K. Vinod Chandran

Held: The Supreme Court held that conviction cannot be sustained where the prosecution case is founded on unreliable and contradictory dying declarations coupled with a tainted and deficient investigation, and reiterated that suspicion, however strong, cannot substitute proof beyond reasonable doubt.

Summary: The case arose from the alleged murder of an elderly couple by their son and daughter-in-law, purportedly motivated by property disputes. The Trial Court convicted the accused primarily relying on multiple dying declarations and alleged motive, whereas the High Court acquitted them citing serious infirmities. The Supreme Court undertook a detailed scrutiny of the evidence and found that both written and oral dying declarations were riddled with inconsistencies, recorded in suspicious circumstances, and lacking medical certification of fitness. The Court noted that the FIR, treated as a dying declaration, contained an improbable detailed narrative despite severe burn injuries and was recorded in the presence of interested witnesses. The second declaration recorded by an Executive Magistrate also lacked credibility due to procedural irregularities and contradictions. The Court further highlighted major lapses in investigation including failure to examine key independent witnesses, absence of forensic examination to determine cause of fire, non-drawing of scene mahazar, and reliance on interested witnesses with possible motive to implicate the accused. Additionally, the Trial Court’s examination under Section 313 CrPC was found grossly inadequate as material incriminating circumstances were not put to the accused, causing prejudice. The Court emphasized that criminal conviction requires a complete chain of reliable evidence and cannot rest on conjectures or motivated investigation.

Decision: The Supreme Court dismissed the appeal, upheld the High Court’s acquittal of the accused, and held that the prosecution failed to establish guilt beyond reasonable doubt; it further disposed of all pending applications and reiterated caution to investigating agencies and trial courts to adhere strictly to procedural safeguards.