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ABHAY S. OKA, PANKAJ MITHAL, AHSANUDDIN AMANULLAH
Aejaz Ahmad Sheikh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(ABHAY S. OKA, J.)
FACTUAL ASPECTS
1. 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 Section 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 26th December 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 As
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A conviction based on circumstantial evidence must establish clear links and prove guilt beyond a reasonable doubt; the reliability of dying declarations is paramount.
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
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