Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Sunday, 08 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2016-04-27 allowed

Kailash Chand vs State of Rajasthan

Bench: 2 — Bench strength 2 (names not provided in document)

In Brief

Four police officials were convicted of murdering a person named Radhey Shyam Darji during custodial interrogation. The Supreme Court allowed their appeal and acquitted them. The Court found that the prosecution had failed to establish the identity of the alleged victim beyond reasonable doubt. Documentary evidence showed that the person arrested from Shahajahanpur was named Radhey Shyam Chamar, while the prosecution alleged the deceased was Radhey Shyam Darji—two different identities. The Court held that the prosecution must prove its case on its own merits and cannot rely on Section 106 of the Indian Evidence Act to shift the burden to the accused when such a fundamental element is unproven.

The lawyer headnote and full judgment text are available to registered users.

Criminal Law Custodial Death Evidence Police Misconduct Murder Criminal Procedure

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login