State vs Md Sadequl Islam Tusar and others (2011)

Fact:

Most. Sabina Yasmin Rakhi (deceased) was given in marriage to Md. Sadequl Islam Tusar (condemned prisoner/Accused) on March 14th 2003. At their marriage, the informant gave 20 vori of gold ornaments and one diamond ring as dowry and also cash tk 2,00,000(2 Lac). The accused used to demand a rest dowry of Tk 3,00,000 (3Lac) now and then used to put pressure on the deceased Rakhi and torture her. The accused even used to keep her locked in a room without supplying any food. His family members also tortured her for non-payment of the rest of the dowry money.

They (the accused) used to telephone the family members of the deceased Rakhi to pay the rest without delay and also threatened to take the dead body of Rakhi. However, the informant (a member of Rakhi’s family) has given 1 lac taka to the accused in the presence of Rakhi in her house. Returning home of the accused, he again demanded Rakhi to give him the rest of Tk2lac. The next morning the members of Rakhi’s family were informed of the death of Rakhi for not satisfying the demand for dowry.

Issues:

The death of Rakhi(deceased) was held by suicide or was a murder by the accused is the main issue in this case. The defense case has said by the accused that the accused are innocent and the death of the deceased Rakhi was a suicide because of not hearing her proposal of going to Dhaka or Natore from their living house. For legal justice, the court has examined the accused in which they repeated their innocence under the power of Section 342 of the Code of Criminal Procedure.

 

The prosecution examined as many as 19 witnesses in this case and the tribunal convicted and sentenced the respondent to death under section 11A of the Nari-o- Sishu Nirjatan Daman Ain 2000 with fine. Finally, against the tribunal's judgement and order, condemned prisoner Sadequl Islam Tusar preferred a criminal Appeal.

 

Judgement:

Heard the learned Additional Attorney General and pursued the petition and order of the judgment found that the prosecution failed to prove the demand of dowry and the presence of the accused at the time of the deceased death. Besides no medical evidence has proved the cause of death by poison and also provided that was held by hanging without other injury where any accused may be involved. The court has then rightly acquitted the accused.

Written by---
Ratna Khatun
Department of Land Management and Law
Jagannath University, Dhaka