Mumbai News: Court Relies On Dying Declaration, Acquits Husband And Other Relatives In 2018 Dowry-Linked Murder Case

Mumbai: The sessions court has convicted two brothers for setting their sister-in-law ablaze while she was sleeping in Shivaji Nagar in March 2018. The two, Tejim Shaikh and Kafil Shaikh, were found guilty based on the victim, Farida Shaikh’s dying declaration and sentenced to life imprisonment.

Background of the Case

According to the prosecution, the accused were residing with Farida and her husband Aftab Shaikh in Rafiq Nagar, Shivaji Nagar, due to work-related reasons. It was alleged that Farida was under physical and mental pressure following the death of her three-month-old daughter and was subjected to harassment over an insufficient dowry.

As per the case registered with the Shivaji Nagar police, a quarrel broke out on March 6, 2018, after Farida allegedly refused to allow Aftab to join his brothers. Later that night, around 2am, Farida felt kerosene being poured over her. She stated that Tejim was pouring the kerosene while Kafil stood nearby, and that Kafil then set her on fire with a matchbox.

Rescue and Medical Attention

Aftab later tried to extinguish the flames and rushed her to Rajwadi Hospital. Farida suffered burn injuries over about 92-95% of her body. Her statement was recorded by police during treatment, followed by a formal dying declaration before a Naib Tahsildar. She succumbed to her injuries on March 11, 2018, after which the accused were booked for murder and dowry harassment.

The defence argued that Farida had committed suicide by pouring kerosene on herself and challenged the dying declaration. However, the court rejected the claim and relied on her statement.

Acquittal of Husband

The court did not accept allegations of cruelty against the other family members, noting that they were vague and lacked specific details. It also acquitted Aftab, observing that Farida had not accused her husband of any role in the incident and had instead stated that he attempted to save her after she was set on fire.

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