Shahjahan Mizi vs. State (2005) 57 DLR

The fact of the case:

This case was related to Shahjahan Mizi and his wife Rina Begum. The wife of Shahjahan Mizi Committed suicide by taking poison at the beginning stage of the case. According to information police filed the case as an unnatural death case NO: 6 dated 6/5/2000. The preliminary inquiry is different from the first information. On that night Occurrence, there was a quarrel between Shahjahan Mizi and his wife, and Shahjahan Mizi killed his wife by strangulation and tried to circulate that Rina Begum committed suicide by taking poison.

The post-mortem report revealed that the death occurred due to Asphyxia resulting from Strangulation. In this way, Shahjahan Mizi was accused of the murder.

Issues of the case:

1. Whether Shahjahan Mizi is responsible for the murder of Rina Begum or if she Committed suicide.

2. Whether the Confession of Shahjahan Mizi was voluntary or extracted through torture.

Arguments of the case:

The prosecution argues that Shahjahan Mizi killed his wife based on circumstantial evidence and witness testimonies. They content that he strangled her, leading to her death. The postmortem report supports their claim, and the confession of the accused further strengthens their case. The defense claims that Rina Begum Committed suicide by taking poison. They argue that there is no direct evidence linking Shahjahan Mizi to her death.

Judgment of the case:

The court finds the appellant guilty under sections 302 and 201 of the penal code. The court determined that the appellant explanation of suicide was false and that he was responsible for his wife's death. The court cites previous judgments to support the presumption that if a wife dies in the custody of her husband, he is obligated to explain the circumstances of her death. The court concludes that the evidence and circumstances point to the guilt of the appellant in the murder of Rina Begum. The court sentenced him to rigorous imprisonment for life and pay a fine of 5000 tk. After that, the jail appeal is dismissed and the order of conviction and sentence is upheld.

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