23 Aug 2023 12:01 PM GMT
The Supreme Court on Wednesday acquitted a death row prisoner convicted in the murder of his two brothers and own son.
This verdict was delivered by a three-judge bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra after hearing the convict’s plea against the Allahabad High Court confirming the death sentence handed to him by a Uttar Pradesh sessions court in 2017. The Court ordered his immediate release from Bareilly Central Prison.
Irfan, alias Naka was convicted and sentenced to death by an additional sessions judge in UP’s Bijnore under Section 302 of the Indian Penal Code. The allegation was that Irfan, driven by a family feud, set his brothers and his own son on fire and locked them in a room, trapping the victims inside. Their shrieks for help alerted other family members and neighbours, who managed to open the door, extinguish the fire, and rescue the trio. The victims were rushed to the hospital in critical condition but they eventually succumbed to their injuries.
The police, however, managed to record their dying declarations, which became the central hinge of the prosecution’s case. On the basis of these dying declarations, the sessions court arrived at a guilty verdict, which was later upheld by the Allahabad High Court in 2018 after finding no discrepancies in the statements. While dismissing the appeal and confirming Irfan’s death sentence, the division bench of Justices Ram Surat Ram Maurya and Ifaqat Ali Khan observed –
In May 2018, the high court granted a suo motu certificate for filing an appeal before the Supreme Court under Article 134A of the Constitution, noting that “a death sentence was a matter of Article 21”. In the same month, a vacation bench of the top court issued notice in his appeal.
In May 2022, leave was granted by a bench headed by former chief justice UU Lalit, which also stayed the execution of the sentence imposed on Irfan. Not only this, but the court also noted that an assessment of the convict’s conduct would help final submissions and sought reports from the probation officer and the jail administration. In the interest of justice, it also directed a psychological evaluation of the appellant, besides seeking an independent report from an associate of Project 39A of Delhi’s National Law University who was granted access to the death row convict. While issuing these directions, the court observed –
The Justice Gavai-led bench reserved its verdict last month after hearing the submissions made on behalf of the convict by Senior Advocate Gopal Sankaranarayanan, briefed by Project 39A of NLUD, and for the state government by UP Additional Advocate General Ardhendumauli Kumar Prashad.
(This is a developing story, to be updated after judgment is uploaded)
Case Details
Irfan @ Naka v. State of Uttar Pradesh | Criminal Appeal Nos. 825-826 of 2022