ORAL EVIDENCE ON RECORD
26.
Mohammad Yunus (PW-1) is the first informant. He has deposed
that the appellant-convict is his real nephew and also happens to be his sonin-law. In the intervening night of 05/06.08.2014 at about 12.30 am in the
night, the appellant set his real brothers, Naushad and Irshad on fire
including his son Islamuddin by pouring highly inflammable substance on
them, while they were sleeping in the room. He has deposed that after
setting the deceased persons on fire, the appellant shut the door from
outside. On hearing the cries and shouts of Islamuddin, Naushad and
Irshad, his brother Amzad and others including Shafiq and Shanu came
running from the neighbourhood and broke upon the door. The injured were
thereafter, taken to the Hospital at Najibabad.
27.
Shanu alias Shahnawaz was examined as PW-2. Shanu is the
younger brother of the appellant-convict. He has deposed that on
05.08.2014, late in the evening, he had gone to his old house to meet his
brother Naushad. Naushad had returned from Saudi Arabia after a long
time. His younger sister Soni (PW-4) had cooked food for them and they
all had dinner together. His elder brother (convict) had also come down
from his place of living to the ground floor. The convict had hatred towards
Naushad and Irshad. The convict had solemnised his second marriage at
Jaspura town, after his release from jail. After arrival of his second wife,
the convict wanted to separate his son Islamuddin. The convict had also
assaulted Islamuddin two days before the incident, which was settled by
Irshad and Naushad. On 05.08.2014, the second wife of the convict had
gone to her parents’ house at Jaspura. Being the elder brother, he asked the
convict to take meal along with them. It was around 11.00 in the night. His
sister Soni asked the PW-2 to stay back as it was late in the night. Naushad
12
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