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Naeem vs. The State of Uttar Pradesh

Not available · 2024 INSC 169Decided 5 Mar 2024
Not available
Justice B.R. Gavai · Justice Sandeep Mehta

Background

A woman died after suffering 80% burn injuries, having alleged before her death (in a recorded dying declaration) that she was set ablaze by her brother-in-law (devar) Pappi @ Mashkoor following a dispute over partition of family property, with her sister-in-law Naeema and Naeema's brother Naeem allegedly aiding him. The trial court convicted all three accused of murder, and the Allahabad High Court upheld the convictions. Naeem and Naeema (through connected appeals) challenged their convictions before the Supreme Court.

Decision Breakdown

The Supreme Court examined the victim's dying declaration closely and found that while it clearly and specifically attributed the act of pouring kerosene and setting her ablaze to the primary accused, Pappi @ Mashkoor, it only vaguely stated that the other two accused had "aided" him without describing any specific role played by them. Since a dying declaration must clearly implicate an accused with a specific role to sustain a conviction, the Court held that Naeem and Naeema were entitled to the benefit of the doubt. It acquitted both of them and ordered their release, while upholding the conviction of the main accused, Pappi @ Mashkoor.

Lesson Learnt

A dying declaration can be the sole basis for a murder conviction, but only where it specifically and clearly attributes a role to each accused: vague, general references to other persons "aiding" the main culprit are not sufficient to sustain their conviction.

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

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