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Irfan @ Naka vs The State of Uttar Pradesh

Criminal Appeal · 2023 INSC 758Decided 23 Aug 2023
Criminal Appeal Nos. 825-826 of 2022
B.R. Gavai · J.B. Pardiwala · Prashant Kumar Mishra · M.M. Sundresh

Background

The appellant was convicted of murder and sentenced to death by a trial court in Bijnore, Uttar Pradesh, for allegedly setting fire to a room in which his son and two brothers were sleeping, after a period of strained family relations over his second marriage; all three victims later died of their burn injuries. The Allahabad High Court had confirmed the conviction and death sentence. The prosecution's case rested mainly on two dying declarations by the deceased and the oral testimony of the appellant's sister and brother, who claimed to have witnessed him set the fire and flee.

Decision Breakdown

The Supreme Court found a critical inconsistency: the two dying declarations both stated that the victims were rescued "after a long time" by an unnamed neighbour, and made no mention at all of the sister and brother who claimed to be the eyewitnesses who broke open the door and saw the appellant fleeing. The Court held that if these two witnesses had truly been present and had personally rescued the victims, it was inexplicable that the dying declarations were silent about them. Applying the settled principle that suspicion, however strong, cannot substitute for proof beyond reasonable doubt, and given doubts about whether the room's door was locked from inside (which would make it physically impossible for the appellant to enter and set the fire from outside), the Court held the prosecution had not proved its case, and acquitted the appellant of all charges.

Lesson Learnt

A death sentence or any serious criminal conviction cannot rest on evidence riddled with unexplained contradictions. When a dying person's own last words are silent about supposed eyewitnesses to their rescue, courts must resolve that doubt in favour of the accused rather than convict on suspicion alone.

Official source (sci.gov.in)View Judgment (PDF)

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