Anarul Huq vs State (2015) 67 DLR (AD)

Note:

The judgment being discussed is authored by Muzammel Hossain, who is referred to as CJ (Chief Justice). The appellant is named Anarul @ Anarul Huq. The judgment is related to a criminal case involving the murder of a woman named Ranjina Begum.

The fact of the case:

The prosecution alleges that the appellant demanded dowry from his wife, which she could not fulfill, leading to her being driven out of their house. Thereafter there was a Salish over the matter and Ranjina was sent back. Later her body was found in the railway lines. After that, his father came to learn that the accused person did this killing for dowry with the help of other accused persons. So, he made a written complaint to the Magistrate.

 

According to the defense, the appellant and others have been accused of murder and implicated falsely. The Nari-o-Shishu Nirjatan Daman Tribunal, Nilphamari, convicted the appellant under section 11(ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000, and sentenced him to death. The appellant appealed against the judgment, and a Division Bench of the High Court Division confirmed the death sentence partially.

Issues of the case:

1. The defense argues that there is no evidence proving that the killing took place due to dowry demands. The defense also points out that there is no specific date mentioned for the alleged demand of dowry.

2. The defense claims that the prosecution failed to establish the demand for dowry and, therefore, no case can be made under section 11(ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000.

Judgment of the case:

The High Court Division found no illegality or infirmity in the judgment and order regarding the murder of the victim, Ranjina Begum. However, the court concluded that the prosecution failed to prove the case of dowry demand, and instead, it proved the case of murder under section 302 of the Penal Code.

The court invoked Article 104 of the Constitution and altered the sentence to imprisonment for life under section 302 of the Penal Code instead of death under section 11(ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. The appellant's appeal and jail petition was dismissed with the modification of the sentence to life imprisonment.

Written by---
HT AL-AMIN KHAN
Department of Land Management and Law
Jagannath University, Dhaka