Delhi HC rejects appeal of man, 3 children who murdered relative's Hindu wife

The Delhi High Court has struck down the appeals of a man, his two sons and a daughter for setting their relatives’ wife on fire in 2010 because she was a Hindu who had married a Muslim.

Terming it as a “calculated murderous assault by other members of the family of the husband apparently fuelled by religious hatred”, a bench of Justice C Hari Shankar and Justice SP Garg refused to grant any relief to the four accused.

“The present case being one of a calculated murderous assault by other members of the family of the husband, on his hapless wife, by overpowering her and setting her on fire, apparently fuelled only by religious hatred, we are of the view that the sentences awarded, to the accused, by the learned ASJ, do not call for any interference at our hands.

Arti, the victim, told the police that her husband’s uncle, identified as Aslam, and his family were not happy with their marriage with their nephew, identified only as Javed in 2006. She further stated that Aslam and his children Ashraf, Sammi and Huma did not like her as she was Hindu and they were Muslims. They quarreled with her on the pretext that she had humiliated them in society.

On October 16, 2010, the four picked up a fight with Arti and set her ablaze after dousing her with kerosene. Her husband and other in-laws were not at home during the time of the incident.

She was rushed to hospital when her husband returned from work where she succumbed to her injuries after recording her statement with the police. Following this, an FIR was registered and a chargesheet was filed against Aslam because the other three were declared proclaimed offenders.

Later Ashraf and Sammi surrendered and after trial, the court sentenced them to life imprisonment. This was challenged by the accused in the High court on the grounds that the dying declaration was not recorded in question answer form and hence could not be read as evidence. The accused also claimed that there were variations in the dying declaration.

However, the court did not agree to this contention stating that the Supreme Court in one of the cases had negated the demand for the dying declaration to be in question answer form.

“The argument, of the defence, that Art’s dying declaration ought to have been recorded in question-answer form, had also been negated by the Supreme Court in Amar Singh Munna Singh Suryawanshi v state of Maharashtra, AIR 2008 SC 479,” the bench said.

The bench held that the dying declaration of Arti recorded before the SDM was credible and acceptable in evidence and wholly believable.