MD. DELWAR HOSSAIN BHUIYAN Vs. STATE

JUDGEMENT

(1.) By these appeals convict-appellants have challenged the legality and propriety of the Judgment and order of conviction and sentence dated 27-05-2007 passed by learned Additional Sessions Judge, Narsingdi, in Session Case no. 95 of 2003 convicting the appellants under Sections 302, 34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay a fine of Tk.5,000/- each in default to suffer rigorous imprisonment for year more. Both the appeals having arisen out of a common judgment, these have been heard together and are being disposed of by this judgment.

(2.) The prosecution as projected in the first information report(briefly as FIR) and unfurled at trial are that Amena Begum aged about twenty years (since deceased) daughter of Md. Ramjan Ali (PW.1) of village Sultanpur, Police Station Palash, District-Narsingdi was married with Md. Arif Buiyan of the same village before 1/1 years of the occurrence. She was carrying about four months. Since marriage sometime dispute errupted between them over trifling family matter. On 26-08-1998 she was in her parents home. On the same day, at night at 8:00 p.m. her accused husband Arif Bhuiyan and his cousin accused Delwar Hossain came and proposed to her mother (PW.2) for taking her in conjugal home. Accordingly at 9:00 p.m. she went with them. On the following day i.e. on 27-08-1998 at 120 clock her niece Nila (PW-7)) went to her conjugal home. She (Nila) was informed by her accused husband to the effect that she (deceased) did not go with him in the last night. Her (deceased) father and other inmates unsuccessfully searched her, then her father suspected that her accused husband Arif Bhuiyan and cousin Delwar Hossain with pre-meditated plan took her and subsequently murdered her and concealed her dead-body. Then on 29-08-1998 her father Md. Ramjan Ali (PW. 1) as informant reported the incident to the local Police Station wherein it was recorded as Palash P.S. Case no. 12 dated 29-08-1998 corresponding to G.R. no. 1134 of 1998 under Sections 364, 34 of the Penal Code. Later on 02-09-1998 her dead-body was recovered by the Police from the tank of a toilet of Abdul Awal, Advocate (PW.11). Police held inquest upon the cadaver and sent the same to the morgue for autopsy. With these allegations the prosecution was launched under sections 302, 34 of the Penal Code.

(3.) The Police after investigation submitted charge-sheet accusing five accused including the appellants under Sections 302, 201, 34 of the Penal Code showing accused Delwar Hossain as absconding. After submission of the charge-sheet accused Delwar Hossain on 23-06-1999 surrendered before the Magistrate and he was taken into the custody. Subsequently he was granted bail by the learned Sessions Judge on 28-02-2000.