HASIM SHEIKH Vs. STATE OF U.P.

JUDGEMENT

(1.) This capital appeal has been filed against a judgement and order dated 22.4.2014 passed by the Additional Sessions Judge, Court No. 2, Deoria convicting and sentencing the appellant Hasim Sheikh alias Laddan to death under section 302 IPC in ST No. 109 of 2009, district Deoria.

(2.) A reference under section 366 Cr.P.C. has also been sent by the learned Sessions Judge for confirmation of the death sentence.

(3.) The case of the prosecution as disclosed in the First Information Report lodged by the complainant Aejaz Ahmad, the brother of the deceased Amina was that Amina was married to the appellant Hasim Sheikh about 25 years earlier. Hasim used to live outside in connection with his occupation, but for the previous 4-5 months he was residing in his home in village Govindpur Lala and on one pretext or the other, he used to abuse and beat his wife and daughters. On receiving that information, on 26.12.2008, the informant Aejaz had gone to his brother-in-law's house along with some others and tried to resolve the dispute between his sister and brother-in-law, but the appellant started abusing and insulting the informant and others and asked them to go away. When they were going away, then Amina had requested them not to go away saying that her husband and his family members would kill them. The informant pleaded with the appellant to allow him to take his sister and her children with them, but the appellant Hasim did not agree. Despondent, the informant and his family members left for home. On reaching their home, a telephone call was received in the adjoining village Bhatni, that Hasim, and his cousin brother Aslam had sprinkled kerosene and burnt his sister and nieces. One of the nieces Najma alias Babli has died at the spot due to the burns. His sister Amina and two nieces Fatima and Salma were admitted in district hospital, Deoria. On this information, the informant accompanied by Riyazul Haq, Sadakat, Sajjad alias Faiyaz Ahmad, Rafiuddin, Amiruddin Khan, Mushtaq Ahmad and others, went to the district hospital where they found the informant's sister Amina and two nieces being treated. The condition of the two nieces were very serious. His sister disclosed that after the informant's visit, the appellant had got very enraged and he along with Aslam had sprinkled kerosene on Amina and her three daughters and set them on fire and then stood at the door. Due to their fear, no one had come to their rescue. Amina's mother-in-law, Ayesha, father-in-law Hamid, uncle-in-law Sayyad, elder Nand Shaheedun and younger Nand Shama Parveen alias Gudiya were also involved in the conspiracy to commit the crime.