MANIK Vs. STATE

JUDGEMENT

(1.) This appeal, by leave, is directed against the judgement and order dated 17.04.2008 passed by the High Court Division in Death Reference No. 147 of 2004 along with Criminal Appeal No. 3720 of 2004 and Jail Appeal No. 1132 of 2004 accepting the reference and dismissing Criminal Appeal No.3720 of 2004 and Jail Appeal No. 1132 of 2004. The prosecution case, in brief, was that on 19.03.2003 the informants daughter victim Lubna Nahid Dipa at about 5 p.m. went to the house of her maternal grandfather to pay some money, but she did not return. The informant sent one Bilkis to look for Lubna, but she was not found and at night the informant, having suspected the convict Manik, went to his house at about 1:00 a.m. along with his son and brother-in-law and asked about Lubna, but did not get any information and thereafter on the next day i.e., 20.03.2003 at about 6:00 a.m. daughter of one Abdul Aziz informed that the dead body of Lubna was lying in a bamboo bush of Mohor Ali and then the informant along with this other relatives went to the place and saw his daughter in half naked condition and suspected that his daughter was killed by strangulation after rape by some persons and accordingly the First Information Report (F.I.R.) was lodged on 20.3.2003 which was recorded as Meherpur Police Station Case No. 14 dated 20.03.2003.