STAT Vs. JASHIM UDDIN ALIAS IQBAL

JUDGEMENT

(1.) This Death Reference being no. 21 of 2010 under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the Divisional Druto Bichar Tribunal, Chittagong (in short, the Tribunal) for confirmation of sentence of death awarded by him upon the convicts Jashim Uddin alias Iqbal and Parveen convicting them under sections 302/34 of the Penal Code by his judgment and order dated 06.04.2010 in Chittagong Druto Bichar Tribunal Case no. 23 of 2009. The Tribunal also by the said judgment convicted accused Dulal under section 302/34 of the Penal Code and sentenced him to suffer rigorous imprisonment for life along with fine of Taka 50,000/- (fifty thousand) in default to suffer rigorous imprisonment for 5(five) years.

(2.) The prosecution case, as projected in the First Information Report (in short, the FIR) and also unfurled at trial, in short, is that Most. Sofura Begum, the informant of this case has been living at Barma Colony under Bayeejid Bostami Police Station of Chittagong Metropolitan town. She had a daughter Rozina who is the victim of the case and at the time of occurrence who is only 5 years old.

(3.) On 08.12.2000 at 12'O noon Rozina taking her meal had gone towards the residence of Iqbal who is also a neighbour and tenant under Sofura Begum. Alamgir, 8 years old, another son of the informant Sofura Begum was searching Rozina for feeding her ire-cream. But Rozina was found missing till 4.00 pm. The informant and her other well wishers had searched Rozina hither to thither without any result. Iqbal had announced the missing news of Rozina from 4.00 pm to 6.00 pm through the mike and the informant paid Taka 300/- for his such service. Iqbal and Dulal had also searched Rozina after the announcement of the mike and at 9.00 pm of the night Iqbal and Dulal coming from in front of the toilet of the informant disclosed that they have got a message having information about Rozina. The gathering who were present there had gone through the letters and came to know that the kidnapper asked the mother of the victim to send Taka 12,000/- (twelve thousand) at Balir Pahar near KAFCO on the way to the mazar of Hazrat Mohsen Awlia. Iqbal cautioned the informant that it will be wise not to send more people to the kidnapper but for his such remarks the local people suspected him and confined him but at one stage Iqbal on the false plea to go into the toilet had fled away successfully at night.