Supreme Court Acquits Convict On Death Row; Orders Immediate Release

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 –

“The appellant burnt his two younger brothers and his young son with an intention to kill them, only for the reason that his young son [was against] his second marriage and his brother disagreed with him [with respect to ousting] his only young son. His presence is highly dangerous to his family and society also.”

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 –

“Since the appellant has been awarded the death sentence, in our view, facets of the matter touching upon the character and behaviour of the appellant would be essential in order to have a complete assessment in the matter.”

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.

For detailed report about the reasoning, refer this report - 'Great Caution Needed' : Supreme Court Lists Out Factors To Be Considered While Relying On Dying Declarations

Case Details

Irfan @ Naka v. State of Uttar Pradesh | Criminal Appeal Nos. 825-826 of 2022

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