State vs Jabed Jahangir (2014) 66 DLR (HCD) 579

Fact:

Md Jabed Jahangir (convict) made an agreement with the owner Hazi Md Shahidur Rahman (informant) of taking rent a unit of a building named “Mim House, Chittagong. Md Jabed started living with his family consisting of his wife only. His wife's name was Ria. One day at afternoon bad smell spread in the building so Shahidur Rahman directed his gate-keeper to look into the matter & he ensured that the smell is coming from the convict’s unit. Gate-man also informed that convict alone went out day before the event leaving his wife and did not come back. So, the owner with the help of his tenant and neighbour broke the door of that unit and found Mrs Ria dead . Instantly he informed to the police station and lodged the FIR.

After taking cognizance by the “Druto Bichar Tribunal, Chittagong” found the accused guilty under section 302 (Murder) and sentenced him death. Being aggrieved by and dissatisfied with the judgement he preferred Criminal Appeal No. 4170 of 2010 arising out of Jail appeal No. 47 of 2010.

Issue:

1. Whether the evidences of the case are proved beyond reasonable doubt or not?

2. If so, the death sentence is confirmed or not?

 

Decision:

Hence all the evidences proved beyond reasonable doubt against the convict appellant, so this court confirmed the sentence of trial court of death sentence for committing murder under section 302 of the penal code and dismissed the Jail Appeal No. 47 of 2010.

Justification:

1. Learned advocate on behalf of the convict argued that the prosecution failed to prove the charge of murder beyond reasonable doubt and under section 428 of the Code of Criminal Procedure for additional evidences but original admit card of the convict was found in the flat and so required no additional evidence.

 

2. The convict appellant concealed his father's name and address, gave false information in the agreement with ulterior motive which is proved from his left-over original admit card of SSC examination and Registration card in the crime place.

 

3. His photograph is identified which was given in the agreement by his full maternal uncle, maid servant, gate-keeper and the owner of the house as he was absconded.

 

4. The signature of the admit card and the signature in the Vokalatnama in which the convict filed appeal being in the jail are confirmed same by examination. These identical evidences are proved the convict beyond reasonable doubt.

 

Written by---
Farzana Suvra
Department of Land Management and Law
Jagannath University, Dhaka