Two get life sentence in Mumbai, court relies on sis-in-law’s dying declaration

Mumbai: Observing that a person on the verge of death never speaks falsehood, the dying declaration cannot be discarded, a sessions court convicted and sentenced two men to life imprisonment for the murder of their sister-in-law in Govandi. The court found Tejim Shaikh (31) and Kafil Shaikh (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 a lack of evidence regarding their participation in the act.Additional Sessions Judge PA Sable relied on the dying declarations, noting their consistency despite the defence's attempt to paint the death as a suicide driven by depression. "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. They knew that such an act of setting her on fire might cause the death of the deceased," the Judge said.
Farida told the police that her husband tried to save her. He was out on bail along with his mother.Public prosecutor Pranjali Joshi cited evidence from the nine witnesses to seek the conviction of the accused.The incident took place on the night of March 6, 2018. Farida, who lived in a small room in Rafiqnagar with her husband and his relatives, objected to 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 the hospital. She survived for four days at Rajawadi Hospital, long enough to provide detailed statements to the police and a magistrate, which ultimately became key evidence.The defence argued that Farida was mentally unstable following the death of her infant daughter and set herself on fire in a room that was locked from the inside. However, the court dismissed this "imaginary theory", citing the spot panchanama, which showed that the room lacked a complete partition or a locking door that would have prevented the brothers from entering.While the Judge found the evidence for murder against the brothers-in-law to be "beyond all reasonable doubt", the allegations regarding dowry harassment and cruelty could not be proved. The Judge noted that the claims were vague and lacked specific dates or instances. "There is no positive evidence to establish the alleged cruelty to Farida at the hands of any of the accused on account of dowry," the judgment read. Consequently, all 4 accused were acquitted of the cruelty charges. The court also noted that Aftab, the husband, actually attempted to save his wife once the fire broke out, leading to his acquittal on the murder charge.During the final sentencing, the defence pleaded for leniency, noting that the convicts already spent 8 years in jail and had families to support. However, the Judge noted that the nature of the crime—setting a sleeping woman on fire—warranted the 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. Along with life imprisonment, Tejim and Kafil were ordered to pay a fine of Rs 2,000 each.