SREE MISHON CHANDRA DAS Vs. STATE

JUDGEMENT

(1.) This jail petition is directed against the judgment and order dated 10.06.2010 passed by a Division Bench of the High Court Division in Criminal Jail Appeal No.357 of 2006 dismissing the appeal of the petitioner, which was preferred against the judgement and order of conviction and sentence passed by the learned Judge, Druto Bichar Tribunal, Rajshahi in Druto Bichar Case No. 03 of 2002 wherein he had been convicted under section 302/34 of the Penal Code and sentenced to suffer imprisonment for life and also to pay fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 1(one) year more.

(2.) The prosecution case, in brief, is that on 08/12/2003 the victim Alo Khandokar @ Shawkat Ali Khandakar returned to his house from Taherpur Bazar by motorcycle. At about 5:30 p.m. when he reached in front of Md. Shukur Alis Saw-mill at Taherpur Kalibari Mor some unknown miscreants killed the victim. Thereafter, the Officer-in-Charge, Bagmara Police Station, recorded the Ejahar on the verbal statement of Most. Rokshana Parveen(P.W.1), wife of the deceased. Accordingly, Bagmara P.S. Case No. 7 under section 302/34 of the Penal Code dated 08.12.2003 was started.

(3.) After completion of investigation police submitted charge-sheet No. 153 dated 04.10.2004 against the appellant and nine others under sections 302/34 of the Penal Code.