Anarul Huq vs State 67 DLR(AD) 172

Fact:

Anarul Huq was the accused person who allegated the murder of her wife(Ranjina Begum). They filed a murder case against him. The petitioner filed an appeal against the decision to the honorable High Court Division where the punishment was a death sentence according to the Nari-o-Shishu-Nirjatan Daman Ain, 2000.

Issues:

Shall the accused be guilty of murder in case of death or not?

Decision:

Here the advocate of the complaint could not prove that the woman (Ranjina Begum) was murdered by the accused Anarul Huq. No case was proved under section 11(ka) of the Ain. Here a principal was found that the High Court Division shall dispose of the case because if any case was instituted under any law and if there is no proof then the case shall be disposed of. So the High Court division shall suggest the complainant to make a case under the relevant laws. Here the accused was found guilty but the advocate of the complainant can not prove that the woman was murdered for dower. But he killed the women. So this shall be considered under Penal Code and the accused might be punished under 302 of the Penal Code.

Justification:

The medical board found 12 injuries on the person of the victim whereas the accused side claims that she committed suicide and implicated falsely on the allegation of murder of the victim. So the honorable court reduced the punishment of the accused to life imprisonment under the said judgment.

Written by---
Sha-Ahd Ibne Sharif Prodhan
Department of Land Management and Law
Jagannath University, Dhaka