EMPEROR Vs. ARAJADDIN MOLLA

JUDGEMENT

(1.) On the evening of August 22. last year, a particularly revolting murder took place near a village in the District of Bogra. The victim of this murder was a man of the name of Oli Mahmud Mandal. He was first badly hacked about the body and in addition to that, he was decapitated. The medical evidence showed that on the whole, the examining officer was of the opinion that this cutting of the head took place when he was still alive. I mention that to show the extreme brutality of this crime. His headless body was found in a brinjal field close to his village. Subsequently, the appellant Arajaddin Molla together with two other men were arrested. They were put on their trial before the Sessions Judge of Pabna and Bogra with a jury. The result of that trial was that the appellant was convicted and sentenced to death but his two companions were acquitted for, what I gather was want of proper evidence.

(2.) The basis of the prosecution case against the appellant was the confession made before a Magistrate. The confession has been attacked, because it is said that it was not made with the accompaniment of the proper formalities demanded by Section 164 of the Code of Criminal Procedure. I propose to read the confession which is quite a short one and also to read out the preliminary questions and answers which preceded the making of the confession. It may be noted that the Magistrate who took down and superintended the making of the confession was called as a witness at the trial, what he said was this. It is set out in Ex. 8: The accused Arajaddin Molla is brought by Ahmad Ali, Police, before me at my house at Bogra on August 25, 1935, at 8-15 A.M. to have his confession recorded.

(3.) He then goes on to describe the questions put to the accused as to the length of time that he has already been in prison and the details of his arrest end after that the following is recorded: Having talked with the accused explaining to him each of the matters mentioned in para. 5 hereunder and cautioned that he ought to reflect carefully before making any statement, I have placed him in charge of Jajneswar Das, peon, and directed the accused to wait in my house till 11-30 a.m. in order that he may have time to reflect before making any statement.