Present:

Mr. Justice S.M. Emdadul Hoque

and

Mr. Justice K M Zahid Sarwar

Death Reference No.109 of 2017 with Criminal Appeal No.9002 of 2017 with Jail Appeal No.349 of 2017 with

Jail Appeal No.350 of 2017 with

Jail Appeal No.351 of 2017 with

Jail Appeal No.352 of 2017.

The State

……. Petitioner

-Versus-

Razon Khan and others

.....Condemned- Prisoners

Mr. Harunur Rashid, D.A.G with

Mr. Zahid Ahammad (Hero), A.AG with

Mr. Abu Naser (Swapon), A.A.G

….. for the State.

Mr. Md. Shahidul Islam with

Mr. Md. Wahiduzzaman Sohel, Advocates (In criminal appeal No.9002 of 2017, Jail Appeal

No. 351 of 2017 and Jail Appeal No.352 of

2017).

.…. for the appellant. Mr. Md. Hafizur Rahman Khan, for the

state defence lawyer (In Jail appeal Nos.349

of 2017 and Jail Appeal No.350 of 201.

Heard on: 08.10.2023,09.10.2023 and Judgment on: 17.10.2023.

S.M. Emdadul Hoque, J:

This death reference has been made by the learned Additional Sessions Judge, 8th Court, Dhaka under Section

374 of the Code, 1898, for the purpose of confirming the death sentence of the condemned-prisoners. The sentences were awarded under sections 302/201/394/411/34 of the Penal Code in Sessions Case No.39 of 2009, which were arising out of Dohar Police Station Case No.16 dated 14.09.2008 and corresponding to G.R. Case No.200 of 2008.

The prosecution case, in short, is that, on 13.09.2008 the mother of the informant, after having ifter with other family members, walking on the road in front of her house but after 6:30 P.M, she was disappeared, as a result, the informant and his other family members continued to search for the victim in the houses of their relatives, as well as, neighbours. They even announced the missing news of the victim by the mike of the mosque of the village. They continued to search for the victim throughout the entire night within the vicinity. One stage of searching, on 14.09.2017 at approximately 7.30 A.M, a man informed the informant from Dohar Ghata that he saw a dead body and after receiving the said information, the informant along with others, reached there and found the dead body of his mother at the slope of the brick road, adjacent to the house of one Abdur Rahim, near Dohar Ghata Hut, within the village of Dohar Ghata, approximately 4/5 kilometers from the house of the informant. Hence, the case.

Being aggrieved by and dissatisfied with the impugned judgment and order of conviction of the trial Court the condemned-prisoners Razon Khan and Sumon Bayaty preferred Criminal Appeal No. 9002 of 2017, Razon Khan also filed Jail Appeal No.352 of 2017, Sumon Bayaty filed Jail Appeal No.351 of 2017, condemned-prisoners Shahnaj Begum filed Jail Appeal No.350 of 2017 and Fozal @ Fayzol Haque preferred Jail Appeal No.349 of 2017. Since all the Jail Appeals and Criminal Appeals are being arising out of the same judgment and order of conviction and sentence, they all were heard analogous and disposed of in this single judgment.

The case was investigated by the Sub-Inspector, Mizanur Rahman, who prepared the inquest report of the deceased and subsequently dispatched the dead body to the morgue for an autopsy. After completing all the formalities of the investigation, he found a prima-facie case against the condemned-prisoners and accordingly submitted the charge-sheet, being No.190, dated 17.12.2018, under Sections 394/302/ 201/411/34 of the Penal Code.

The case record was eventually sent to the learned Sessions Judge, Dhaka, where it was registered as Sessions Case No.39 of 2009. Subsequently the case was transferred to the learned Additional Sessions Judge, 8th Court, Dhaka, who framed charges against the condemned-prisoners under Sections 394/302/201/411/34 of the Penal Code on 04.03.2009. The charges were read over to them, who pleaded not guilty and claimed to be tried.

At the time of trial the prosecution examined, as many as, 14 wit