State vs Md Hasibul Hasan (2012) 64 DLR (AD) 291

Facts of the Case:

The case involves the death of Sakhina Khatun, who was married to accused Hasibul Hasan alias Loton. She was found dead in her conjugal home. The accused demanded a dowry of Tk 20,000 from the victim. It is alleged that the accused tortured her for money and misused the funds due to his addiction and gambling habits. The prosecution presented witnesses, including the victim's brother, relatives, and neighbors, who testified about the strained relationship between the victim and the accused, as well as incidents of abuse and demands for dowry. The accused claimed innocence and argued that the victim committed suicide by hanging. The defense did not present any substantial evidence. The post-mortem examination conducted by Dr. Selim Mia revealed injuries consistent with strangulation and spinal cord dislocation. The lower court convicted the accused, holding him responsible for the murder, based on circumstantial evidence and the failure to provide a satisfactory explanation for the victim's death.

Issues of the Case:

1. Whether the accused is responsible for the murder of the victim or if it was a case of suicide.

2. Whether the lower court's conviction is based on circumstantial evidence and the failure to provide an explanation is justified.

Arguments of the Case:

Prosecution:

The prosecution argued that the accused had a motive to kill the victim due to demands for dowry and a strained relationship. They presented witnesses who testified to the abuse and torture inflicted on the victim by the accused. The post-mortem examination indicated injuries consistent with murder rather than suicide.

Defense:

The defense claimed that the victim committed suicide and denied any involvement or knowledge of her death. They argued that the prosecution failed to provide conclusive evidence linking the accused to the murder.

Judgment of the Case:

The court accepted the DeathReference and upheld the conviction and death sentence for the accused, Hasibul Hasan alias Loton, under section 11(6) of the Nari-o-Shishu Nirjatan Daman Ain,2000. The court dismissed the Criminal Appeal and Jail Appeal filed by the accused, confirming the conviction and sentence. The court acquitted the other appellants, Md Hosneara alias Lata, Md Mizanur Rahman, and Md Arif, from the charges against them, ordering their discharge from bail bonds. The court concluded that the prosecution successfully proved the charge against the accused beyond a reasonable doubt, considering the circumstantial evidence and the failure of the accused to provide a satisfactory explanation for the victim's death. The court stated that the lower court's finding was well-founded, and there was no ground for interference in the interpretation of evidence presented by the non-interfering appellate court.

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