STATE Vs. MD. ABDUR ROUF DEWAN @ ROBU

JUDGEMENT

(1.) This reference under Section 374 of the Code of Criminal Procedure, 1898 has been made by the learned Judge, Druta Bichar Tribunal No. 1, Dhaka in respect of condemned prisoner Md. Abdur Rouf Dewyan @ Robu Vide ....[VARNACULAR TEXT OMITTED]....for confirmation of the death sentence passed by him in Druta Bichar Tribunal Case No. 8 of 2005 arising out of Savar Police Station Case No. 48(2)99 corresponding to G.R. No. 168 of 1999 convicting all the accused appellants under Section 302/34 of the Penal Code and sentencing appellant No. 1 to suffer death by hanging and sentencing each of the rest appellants to suffer rigorous imprisonment for life and also to pay a fine of tk. 50,000/- each in default to suffer rigorous imprisonment for 2 years more and also convicting the appellants under Section 201 of the Penal Code and sentenced them to suffer rigorous imprisonment for 7 years and to pay a fine of Tk. 10,000/- each in default to suffer rigorous imprisonment for a period of one year more. On the other hand Jail Appeal No. 1274 of 2005 having been preferred by the condemned prisoner and regular Criminal Appeal No. 4909of 2005 has been preferred by the condemned prisoner along with Appellant Nos. 2) Md. Samsul Alam Samsu and 3) Abdul Hakim Dewyan and Criminal Appeal No. 4887 of 2005 has been preferred by appellant Md. Ansar Ali and Criminal Appeal No. 4999 of 2005 has been preferred by appellant Md. Zakirul Islam alias Jewel against the judgment and order of conviction and sentence dated 20.10.2005.

(2.) Criminal Appeal No. 4887 of 2005, Criminal Appeal No. 4909 of 2005, Criminal Appeal No. 4999 of 2005 have been filed by all the appellants and Jail Appeal No. 1274 of 2005 has been preferred by the condemned prisoner, which were taken together and heard along with the death reference.

(3.) The prosecution case, in short, as gathered from the record that one Most. Noor Jahan Begum, Head Mohrar, D.C. (North Police) Office, Dhaka lodged a first information report on 17.2.1999 at about 12.50 hours alleging inter alia that on 2.2.1999 her husband Late Nayem Uddin, Office Assistant. Police Head Quarter, D.M.P, Dhaka went to his native village after taking part in the Monajat of the Bishwa Estama. His native home is situated at village Barachalia under Kaliakoir Police station. District- Gazipur. On 2.2.1999 he started from his home towards his office in the morning, but he did not return home till 3.2.1999 as a result she sent her son to her native village in search of her husband and on that day at about 1.30 hours her son and one sister-in-law and one Sanowar Hossain informed her over telephone that he husband went on 2.2.1999 at 7 a.m. by a Motor cycle towards his working place. On getting this information she started searching her husband. At about 16 hours she got an information from DMP that the dead body of her husband is lying in the morgue of Dhaka Medical College Hospital. The dead body of her husband was sent by Savar Police Station to Dhaka Medical College Hospital and on search from Savar Police Station she came to know that her husband was killed and with an intention to conceal his dead body somebody have thrown the dead body at the side of Burirtake Kabirpur kancha road. She suspected that co-villager Abdur Rouf Dewan, Hakim Dewan, Samsu Dewan all sons of Sobhan Dcwan and Abdul Quddus, all of village- Barachala might have killed her husband as they had long standing enmity with her husband. In the last year there was uproar in between them over a Fishery Firm and enmity has been increased and as a result of which those persons might have killed her husband.