LexAEJAZ AHMAD SHEIKH versus STATE OF UTTAR PRADESH & ANR.
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[2025] 4 S.C.R. 1507 : 2025 INSC 529 Aejaz Ahmad Sheikh v. State of Uttar Pradesh & Anr. (Criminal Appeal No. 2142 of 2017) 22 April 2025 [Abhay S Oka,* Pankaj Mithal and Ahsanuddin Amanullah, JJ.] Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court by which the accused was acquitted of the offence punishable u/s.302 IPC. Headnotes† Code of Criminal Procedure, 1973 – s.313 – Penal Code, 1860 – s.302 – Murder – Examination of accused – Murder of women and her three daughters by setting them on fire – FIR by complainant-brother of deceased lady against accused- husband and co-accused, that they poured kerosene on the wife and three daughters and set them on fire – Co-accused later succumbed to burn injuries – On basis of the testimony of the minor son and dying declarations of the wife and one of the daughter, trial court convicted accused for offence punishable u/s.302 and awarded capital punishment – However, the High Court acquitted the accused – Interference with: Held: Material contradictions in the evidence of the minor son of the deceased and trial judge did not satisfy himself about the capacity of the minor to understand and answer questions, make his testimony vulnerable, and unsafe to rely upon – Evidence of prosecution witness-Tahsildar on duty regarding the dying declaration made by the two victims not put to the accused in his statement u/s.313 – Deceased made a dying declaration even to the complainant, even the testimony of complainant to that effect not been put to the accused in his statement u/s.313 – As this evidence was not put to the accused in his statement u/s.313, he was denied an opportunity to explain the same, causing prejudice to him – Evidence of dying declaration to be kept out of consideration – * Author 1508 [2025] 4 S.C.R. Supreme Court Reports At this stage it would be unjust to pass an order of remand for recording further statements u/s.313, it would cause prejudice to the accused – Furthermore, no explanation offered by prosecution of how accused and co-accused suffered burn injuries which raises suspicions about the prosecution’s case – After re-appreciation of evidence, the view taken by the High Court that the guilt of the accused was not proved beyond a reasonable doubt is a possible view – Even assuming that another view is possible, is no ground to overturn the order of acquittal – Though the incident is very shocking, however, in the absence of evidence on record to prove the guilt of the accused beyond reasonable doubt, interference with the impugned judgment not called for. [Paras 13-27] Code of Criminal Procedure, 1973 – s.313 – Examination of accused – Vital prosecution evidence not put to the accused in statement u/s.313 – Suggestions by Supreme Court: Held: When an appeal against conviction is preferred before High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded u/s.313 CrPC/s.351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – If any defect is found, at that stage, the same can be cured either by High Court recording further statement or by directing the trial court to record – If this approach is adopted, the argument of delay and prejudice will not be available to the accused. [Para 28] Case Law Cited Raju Devade v. State of Maharashtra [2016] 3 SCR 818 : (2016) 11 SCC 673; J. Ramulu & Anr. v. State of Andhra Pradesh [2008] 3 SCR 413 : (2009) 16 SCC 432; Balbir Singh & Anr. v. State of Punjab [2006] Supp. 6 SCR 636 : (2006) 12 SCC 283; Baleshwar Mahto and Anr. v. State of Bihar and Anr. (2017) 3 SCC 152; Raj Kumar v. State (NCT of Delhi) [2023] 5 SCR 754 : (2023) 17 SCC 95; P. Ramesh v. State [2019] 10 SCR 875 : (2019) 20 SCC 593; Pradeep v. State of Haryana [2024] 1 SCR 306 : 2023 SCC Online SC 777 – referred to. List of Acts Code of Criminal Procedure, 1973; Evidence Act, 1872; Penal Code, 1860. [2025] 4 S.C.R. 1509 Aejaz Ahmad Sheikh v. State of Uttar Pradesh & Anr. List of Keywords Murder; Murder by setting on fire; Pouring of kerosene; Burn injuries; Capital punishment; Rarest of rare case; Dying declaration; Testimony of minor; Preliminary questions not put to minor witness; Competent to depose; Material contradictions; Capacity of minor witness; Prejudice to accused; Curable defect; Remand; Beyond reasonable doubt; Proper statement of the accused; Argument of delay and pr
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