Mumbai Sessions Court Relies on Dying Declaration to Convict Two Brothers for Murder
A sessions court in Mumbai has delivered a significant verdict, convicting and sentencing two men to life imprisonment for the brutal murder of their sister-in-law in the Govandi area. The court emphasized the sanctity of a dying declaration, observing that a person on the verge of death rarely speaks falsehood, making such statements crucial evidence that cannot be easily discarded.
Details of the Crime and Conviction
The court found Tejim Shaikh, aged 31, and Kafil Shaikh, aged 50, guilty of setting Farida Shaikh ablaze following a domestic dispute over gambling in March 2018. While the two brothers were convicted of murder, the court acquitted Farida's husband, Mohd Shaikh, and her mother-in-law, Akhtari Shaikh, citing insufficient evidence to prove their participation in the act.
Additional Sessions Judge PA Sable relied heavily on Farida's dying declarations, noting their consistency despite the defense's attempts to portray her death as a suicide driven by depression. The judge stated, "I find that it is the accused… who committed the murder of the deceased by setting her on fire. Considering such acts, it is sufficient in the ordinary course of nature to cause death. This itself indicates that the accused… intended to cause the death of the deceased Farida."
Incident Background and Key Evidence
The tragic incident occurred on the night of March 6, 2018. Farida, who lived in a small room in Rafiqnagar with her husband and his relatives, objected to her husband Aftab participating in a gambling session with his brothers. This led to a heated confrontation where Tejim allegedly mocked Aftab for being "a slave to his wife".
Later that night, while Farida was asleep, she woke up to the sensation of liquid being poured over her. Before she could escape, Kafil set her on fire. Her husband and nephew rushed her to Rajawadi Hospital, where she survived for four days. During this time, she provided detailed statements to the police and a magistrate, which became key evidence in the case.
Defense Arguments and Court's Rejection
The defense argued that Farida was mentally unstable following the death of her infant daughter and had set herself on fire in a room locked from the inside. However, the court dismissed this as an "imaginary theory", citing the spot panchanama, which showed the room lacked a complete partition or a locking door that would have prevented the brothers from entering.
Public prosecutor Pranjali Joshi presented evidence from nine witnesses to support the conviction. The judge found the evidence against the brothers-in-law to be beyond all reasonable doubt, though allegations of dowry harassment and cruelty could not be proved due to vague claims lacking specific dates or instances.
Sentencing and Final Remarks
During the sentencing, the defense pleaded for leniency, noting that the convicts had already spent eight years in jail and had families to support. However, Judge Sable emphasized the heinous nature of the crime—setting a sleeping woman on fire—and deemed it warranted a life term. "Accused Nos 1 and 3 committed the murder in furtherance of their common intention. Therefore, they do not deserve leniency," the judge concluded.
In addition to life imprisonment, Tejim and Kafil were ordered to pay a fine of Rs 2,000 each. The court also noted that Aftab, the husband, had attempted to save his wife once the fire broke out, leading to his acquittal on the murder charge.
