AEJAZ AHMAD SHEIKH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) FACTUAL ASPECTS : These appeals arise from the same impugned judgment of the High Court by which one Hasim Sheikh (the accused) was acquitted of the offence punishable under Sec. 302 of the Indian Penal Code (for short 'the IPC'). The incident is very gruesome. It is the death of Amina (wife of the accused) and her three daughters, namely, Najma, Fatima and Salma, due to burn injuries. Even Aslam (cousin of the accused) died due to the burn injuries sustained in the same incident.

(2.) The accused and Amina had three daughters Najma, Fatima and Salma and two sons Kamar Hasim and Kadam. The complainant is PW-1 Aejaz Ahmad Sheikh. He is the real brother of the deceased Amina. As the accused used to abuse and beat his deceased wife and deceased daughters, PW-1 visited the house of the accused on 26/12/2008. He made an attempt to resolve the issue. He was not successful. He was told to leave the house. While he was leaving the house, the deceased Amina told him not to go as the accused and his family members were intending to kill her. A few hours after PW- 1 reached his home, he received a call that the accused, out of anger, along with his cousin Aslam, poured kerosene on Amina and the three daughters and set them on fire. Daughter Najma died on the spot, and the other three were admitted to the District Hospital. PW-1 rushed to the hospital and met his sister Amina, who disclosed that after his departure, the accused, along with Aslam, poured kerosene on her and three daughters and set them on fire. On the very same day, Aslam was also admitted to the hospital due to burn injuries. On 26/12/2008, the dying declaration of daughter Fatima was recorded by Tahsildar, Deoria, Harish Chandra Singh (PW-11). Fatima stated that her father and the village people poured kerosene oil and set it on fire. She blamed her paternal grandparents for being the root cause of the burning. On the same day, a dying declaration of the wife, Amina, was recorded by PW-11, in which she stated that the accused locked her and her three daughters and poured kerosene on her and her daughters and set them on fire. She stated that Najma died, and she, along with her two daughters, sustained burn injuries.

(3.) On 26/12/2008, on the complaint of PW-1, a first information report was registered for the offences punishable under Ss. 302,307 and 120B of the IPC. On the next day, the recovery of burnt clothes and a plastic can containing 100 gms. of kerosene was recovered from the site of the incident. On 1/1/2009, Salma died. On 2/1/2009, co-accused Aslam died. On the same day, Fatima succumbed to burn injuries. On 6/1/2009, Amina died. All of them died due to burn injuries. A charge sheet was filed against the accused for the offences punishable under Sec. 302 of the IPC.