Present:

Mr. Justice S.M. Emdadul Hoque

and

Mr. Justice Bhishmadev Chakrabortty

Death Reference No.21 of 2015

The State.

..….. The petitioner.

-Versus-

Alamgir.

...….. The condemned-Prisoner. Criminal Appeal No.1305 of 2015

with

Jail Appeal No. 208 of 2015.

Alamgir.

..…… The appellant.

-Versus-

The State

…….. The respondent.

with

Criminal Appeal No.1343 of 2015.

Ripon.

..…… The appellant.

-Versus-

The State

...….. Respondent.

Mr. Harunur Rashid, D.A.G with

Mr. Kazi Bashir Ahmed, A.A.G with

Mr. Zahid Ahammad (Hero) A.A.G with

Mr. Md. Shafiquzzaman (Rana), A.A.G

..….. for the State.

(In the reference and respondents of all the appeals)

Mr. A.K.M Fazlul Haque Khan (Farid), with Mr. Saifur Rahman Rahi, with

Mr. Mohammad Abul Hasnat, Advocates.

…….. for the Condemned-prisoner. Heard on: 11.11.2020, 15.11.2020, 07.12.2020, 08.12.2020, 15.12.2020. 17.12.2020, 20.06.2021, 21.06.2021, 22.06.2021, 28.06.2021, 29.06.2021 and judgment on 06.09.2021.

S.M. Emdadul Hoque, J:

This death reference has been made by the learned Nari-O-Shishu Nirjatan Daman Tribunal, No.5, (District and Session Judge) Dhaka under Section 374 of the Code of Criminal Procedure for confirmation of the sentence of death awarded upon the condemned-prisoner Alamgir son of late Omar Ali Bapari by its judgment and order of conviction and sentence dated 01.03.2015 in Nari-O-Shishu Nirjatan Daman Case No. 205 of 2006 arising out of Dohar Police Station Case No. 1(8)06 under section 7/9(2)/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 as amended 2003 and convicting him under section 9(2) of the said Ain and sentencing him to death and also to pay a fine of Tk. 1,00,000/- (one lac).

The learned tribunal further convicting the condemned prisoner under section 7 of the Ain, and sentencing him to suffer rigorous imprisonment for a period of 14 years and also to pay a fine of Tk. 1,00,000/- in default of suffer rigorous imprisonment for a period of 2 years more.

The tribunal by the same judgment convicting the accused Ripon and Rahid Hasan Milon under section 201 of the Penal Code, and sentencing them to suffer rigorous imprisonment for 7 years with a fine of Tk. 20,000/- each in default to suffer rigorous imprisonment for one year more.

The prosecution case as made out by the informant Kohinur Begum, P.W-1, the mother of the victim, in short, is that her daughter deceased Munni Akter (age about 25) was married to Md. Shah Alam and who was in abroad (Saudi Arabia) at the relevant time and during their wedlock a baby girl age about 6/5 was born.

The further case is that taking the advantage of absence of the husband of victim Munni Akter the brother of her husband namely Md. Alamgir the accused (condemned- prisoner) in several occasions gave her bad proposal for the purpose of grabbing the wealth and property of the victim and her husband. On 14.07.2006 victim Munni Akter went out from house for medical checkup at Joypara bazar and while she reached near the Joypara Bridge then accused Alamgir with the help of other accused namely Lucky, Suruz and Chanchal

abducted her daughter and taken her in a babytexi. The said facts was disclosed to her by one passerby namely Babul thereafter she search her in several places but could not tress out.

Further case is that on 15.07.2006 at about 9:00 AM the informant the mother of victim made a phone call to the victim Munni Akter in her mobile but which was received by accused Alamgir and who admitted that kidnapped victim Munni and claimed a ransom of Tk.3,00,000/- and if she failed to pay the same they will kill her daughter and thereafter he switched off the mobile phone and subsequently on 01.08.2006 she lodged the Ejahar before the Dohar Police Station.

The further case is that after lodging the F.I.R. one Md. Sumon a boatman from Nawabganj area informed her that accused Ripon hired a engine boat from his father and who sent him as boatman and the said Ripon along with Alamgir and Milon accompanied with the victim Munni get on his