SOHEL ALIAS SANAULLAH ALIAS SOHEL SANAULLAH Vs. STATE

JUDGEMENT

(1.) This petition for leave to appeal is directed against judgment and order dated 11.11.2007 passed by the High Court Division in Death Reference No.93 of 2004 along with Criminal Appeal No. 2331 of 2004 with Criminal Appeal No.2282 of 2004 with Jail Appeal No.690 of 2004 in allowing the appeal and consequently, rejecting the death reference so far it relates to the sending the case back to the trial Court on remand for fresh trial from the stage of examination under section 342 of the Code of Criminal Procedure and for disposal on merit in the light of the observations made in the judgment and in accordance with law within 60 (sixty) working days from the receipt of the records arising out of judgment and order of conviction and sentence dated 29.06.2004 passed by the learned Additional Sessions Judge, 7th Court, Dhaka convicting the petitioner under sections 302/201/34 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 329 of 2002 arising out of Savar Thana Case No. 62(4)2001 corresponding to G.R. No. 396 of 2001.

(2.) The facts, in short, are that on 25.04.2001 the condemned prisoner-petitioner Sohel came to Savar P.S. and lodged a written allegation that the co-accuseds Hanif, Hannan and Mannan attacked there house at village Maddya Rajashan under Savar Pourashava on the previous night at about 2.00 O'clock and abducted his mother Sanwara Begum and step-sister Sadia Khatun, aged about 10 (ten) years. Since Sohel spoke incoherently at the police station, a G.D. entry was recorded. Thereafter pursuant to the G.D. entry, the P.W.4 Md. Shawkat Alam, Sub-Inspector of Police along with his accompanying force and Sohel reached at the house of Sohel at Maddya Rajashan at about 13.30 hours. However, Md. Shawkat Alam made queries to the Local Commissioner Kazi Kadam Ali and others about the occurrence. In course of queries, it transpired that the dead body of a woman had been lying in Pir Hatikhana Beel. Soon afterwards, Md. Shawkat Alam along with the Commissioner Kadam Ali and others recovered a beheaded dead body in a plastic bag from the field of one Ali Mia in that beel and the accused Sohel identified it to be that of his mother. At this stage, the accused Sohel told P.W.4 Md. Shawkat Alam and others that the deed body of his sister Sadia might be some where in the beel. They looked for the dead body of Sadia and found her beheaded dead body in a polythene bag in the paddy field of one Jabed Ali. Subsequently Md. Shawkat Alam held inquests upon the dead bodies of the victims, namely, Sanwara and Sadia. Thereafter the petitioner Sohel himself brought out the chopped off hands and legs of both the victims from a hole in the compound of their house. In due course, the petitioner Sohel made a judicial confession inculpating himself and the co-accuseds, namely, Hannan (acquitted by the High Court Division), Hanif and Mannan in the commission of the offence.

(3.) The police made inquest report on 25.04.2001 of the head, hands and legless dead body of victim Monowara Begum. In the inquest report it was stated that dead body was held submerged in a white plastic bag and the petitioner identified the dead body. There was light rosy coloured peticoat. The victim was aged about 45 years and her neck was cut and her head missing and legs and hands were also missing. The breast was normal, knee was dark coloured. The police on 26.04.2001 made inquest report of cut head, two hands and two legs of victim Monowara Begum. The police on 25.04.2001 made inquest report of the head, hand and legless dead body of the victim Sufia alias Safia alias Sadia and on 26.04.2001 made inquest report of the cut head, two hands and two legs of the victims.