MD. ABDUR RASHID @ ABDUR RASHID SARKER Vs. STATE

JUDGEMENT

(1.) This appeal, by leave, is directed against the judgement and order dated 17.01.2004 passed by the High Court Division in Death Reference No.30 of 2001, Criminal Appeal No.2840 of 2001 and Jail Appeal No. 2884 of 2001 rejecting the reference and dismissing the Criminal Appeal No. 2840 of 2001 and Jail Appeal No. 2884 of 2001 with modification of sentence on maintaining conviction under section 302 of the Penal Code and commuting the sentence of death to one of imprisonment for life in respect of the appellant.

(2.) The prosecution case, in brief, was that the younger sister of the informant (P.W.1), namely Selina Khatoon was given in marriage to accused Md. Abdur Rashid, who accepted Tk. 20,000/- and 5 tolas of gold as dowry. Conjugal life of Selina Begum was not happy. He demanded Tk. 20,000/- more as dowry, which having been refused he pronounced one Talaq on Selina Khatoon. Selina Khatoon was a teacher of a local R.D. High School. Trouble continued between Abdur Rashid and Selina Khatoon. On 31.05.1995 at about 3:00 p.m. Abdur Rashid came to the house of the informant, where Selina Khatoon used to stay and approached her to go to the house of Md. Barik Munshi for mediation of their family problem. Selina Khatoon along with her younger sister Rokeya Khatoon and younger brother Md. Abu Bakkar Siddique (Babul) started for the house of Barik Munshi at about 4:00 p.m. Previously, also on the direction of Abdur Rashid, Selina Khatoon visited the house of Barik Munshi on several occasions. The informant came to know from Md. Nasir Hossain (P.W.10) that Selina Khatoon, Rokeya Khatoon and Abu Bakar Siddique had been lying senseless in the house of Barik Munshi. Dr. Md. Waheduzzaman had gone to the house of Barik Munshi and declared all three victims dead. The informant thereafter came to know that Abdur Rashid, Md. Barik Munshi, Md. Dudumia, Abdus Salam Sarker, Abdus Samad Sarker, Motin Sarker and Raishuddin Sarkar killed Selina Khatoon, Rokeya Khatoon and Abu Bakker Siddique by giving them poison.

(3.) The Investigating Officer visited the place of occurrence, prepared the sketch map with index, prepared inquest report, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. After completion of investigation he submitted Charge-sheet under sections 302/34 of the Penal Code against 7 (seven) accused persons.