Supreme Court Upholds Acquittal in Gruesome Murder Case Due to Lack of Evidence

The Supreme Court of India recently delivered a judgment in the case of Aejaz Ahmad Sheikh vs. State of Uttar Pradesh & Anr., upholding the acquittal of Hasim Sheikh, who was accused of burning his wife Amina and their three daughters to death. The case, which shocked the nation due to its brutality, saw the High Court overturning the trial court’s conviction and death sentence. The Supreme Court, after a detailed examination of the evidence, found that the prosecution failed to prove the guilt of the accused beyond a reasonable doubt.

The incident occurred on 26th December 2008, when Amina and her three daughters—Najma, Fatima, and Salma—were allegedly set on fire by Hasim Sheikh and his cousin Aslam. Najma died on the spot, while the others succumbed to their injuries in the hospital. The prosecution relied heavily on the dying declarations of Amina and Fatima, as well as the testimony of Kamar Hasim, the 15-year-old son of the accused. However, the Supreme Court found several flaws in the prosecution’s case, including the failure to properly record the accused’s statement under Section 313 of the CrPC and inconsistencies in the evidence.

The Court noted, “The law consistently laid down by this Court can be summarised as under: 22.1. It is the duty of the trial court to put each material circumstance appearing in the evidence against the accused specifically, distinctively and separately. The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction.” The Court emphasized that the failure to put material circumstances to the accused amounted to a serious irregularity, which vitiated the trial.

Read also: https://judgmentlibrary.com/supreme-court-commutes-death-sentence-in-shocking-family-murder-case-legal-analysis/

The Supreme Court also highlighted the importance of ensuring that a child witness is competent to testify. The Court referred to its earlier decision in P. Ramesh v. State, stating, “In order to determine the competency of a child witness, the Judge has to form her or his opinion. The Judge is at liberty to test the capacity of a child witness and no precise rule can be laid down regarding the degree of intelligence and knowledge which will render the child a competent witness.” In this case, the trial judge failed to conduct a preliminary examination of Kamar Hasim to ascertain his competence, raising doubts about his testimony.

The Court further pointed out that the dying declarations of Amina and Fatima were not properly recorded or read back to them, and the doctor’s certification of their fitness to make statements was inadequate. Additionally, the prosecution failed to explain how the co-accused Aslam and the accused himself suffered burn injuries, which cast doubt on the prosecution’s version of events.

In its conclusion, the Supreme Court stated, “We are dealing with an appeal against acquittal. After reappreciation of evidence, we find that the view taken by the High Court that the guilt of the accused was not proved beyond a reasonable doubt is a possible view which could have been taken on the basis of the evidence on record.” The Court dismissed the appeals, upholding the High Court’s acquittal of the accused.

The judgment also included a significant suggestion for trial courts and High Courts to ensure that the accused’s statement under Section 313 of the CrPC is properly recorded, as this is a recurring issue in criminal trials. The Court recommended that judicial academies take note of this to prevent such lapses in the future.

Read also: https://judgmentlibrary.com/supreme-court-clarifies-section-428-crpc-set-off-for-undertrial-detention-in-criminal-cases/

Petitioner Name: Aejaz Ahmad Sheikh.
Respondent Name: State of Uttar Pradesh & Anr..
Judgment By: Justice Abhay S Oka, Justice Pankaj Mithal, Justice Ahsanuddin Amanullah.
Place Of Incident: Deoria, Uttar Pradesh.
Judgment Date: 22-04-2025.
Result: dismissed.

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