MUFTI ABDUL HANNAN MUNSHI ALIAS ABUL Vs. STATE

JUDGEMENT

(1.) These petitions are directed for review of the judgment of this court. Petitioners had faced trial before the trial court to face charge under sections 302/120B with other counts of the Penal Code.

(2.) The incident took place on 21st May, 2004 at noon near the gate of Hazrat Shahjalal (R) Shrine in which the convicts attempted to kill Mr. Anwar Chowdhury, the then High Commissioner for U.K. in Bangladesh, who was returning back on the fateful day after saying prayer. In the incident 3(three) persons died by bomb explosions. The case is based upon inculpatory confessional statements as well as strong circumstantial evidence. The trial court found the accused-petitioners guilty of the charge and sentenced to death. The High Court Division confirmed the death sentence. On appeal of the said judgment this court altered the charge of the accused Md. Delwar Hossain @ Ripon to one under section 302 of the Penal Code and accused Mufti Abdul Hannan Munshi under section 302/109 of the Penal Code but maintained the sentence.

(3.) Mr. Nikil Kumar Saha, learned counsel appearing for the petitioners press the petitions on the ground of commutation of sentence only. According to him, the petitioners have been suffering for about 10 (ten) years in condemned cell and as they have suffered a lot both physically and mentally, their sentence should be commuted to imprisonment for life for ends of justice. No other ground has been urged by the learned Counsel.