brothers used to quarrel with her in respect of property. At the time, when
his first wife left the house, Islamuddin was aged about 10 years. His
brothers and sister were taking undue advantage of the tender age of
Islamuddin and his mother deserting them. Taking advantage, they sent him
to jail, in a false case. He came out from jail three years before the incident.
During these three years, he did not quarrel with any neighbours or any
person from the mohalla. He married another woman, one and half years
prior to this incident. His sister also used to quarrel with his second wife
frequently for the property due to which she left her house. He has deposed
that his brothers, deceased Irshad and Naushad and his son Islamuddin used
to consider him to be a weak person and with a view to grab the property,
they all colluded to get my brothers and son killed. It was not known
through whom, they got them killed. They falsely implicated him in the
case. He ran away from the place of occurrence due to fear as he was
released from jail in the recent past.
DYING DECLARATIONS:
34.
We shall now look into the two dying declarations.
35.
The deceased Irshad in his dying declaration recorded on 07.08.2014
stated thus:
“Statement of Irshad, s/o-Mo. Ayub, r/o MohallaMuglushah, P.S. Nazivabad, Distrinct-Bijnor, U.P., age20 years.
Stated that I am residing at the place mentioned above. I
am running a mobile phone shop at Nazivabad. I was
sleeping with my brother Naushad and nephew Islamuddin
in the house. We were sleeping in the same room. Then at
17
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