Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, March 31, 2017 12:29:33 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Delay in lodging FIR under certain situation is sustainable

By
07th-Jan-2017       Readers ( 220 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

(From previous issue) :
47. It is not at all wise in all cases to find an accused guilty if he remains absconding. Absconding by itself is the conclusive proof of guilt of the accused but it lends weight to the circumstantial evidence against him.
48. In the present case we find three other persons as accused who are close relatives to the convict-accused. One is his wife, then his full brother and third one is his father. All of them appeared in the case and got acquitted at the trial but he did not bother to attend the trial court in the case while they all were put on trial. He obviously knew that his three close relations became involved in the legal battle on a charge of murder. If he was not involved with the crime as alleged by the prosecution, he ought to have faced the trial without any hesitation but he did not do so. Although record shows that all due process of law was exhausted by the court below to bring him in the book but he evaded trial going into hiding. Under such circumstances he cannot say now that he had no knowledge about the case filed by the informant, PW 1. It finds support from the decision in the case of Zakir Hossain vs State, reported in 55 DLR 137 where court opined that,
"Accused remained absconding with clear guilty knowledge about his overt act in the occurrence resulting in the murder and, as such, his absconsion will create adverse opinion against him."
49. The contention of learned defence lawyer is that PWs 1, 7, 8 and 9 are the interested witnesses as they are brother, sisters and father of the victim. In reply to that effect it can be said that when a person comes under an attack by assailant, his nearest relatives will come forward to save and look after him, is quite natural.
50. In the instant case we find PWs -7, 8 and 9 on hearing hue and cry rushed to the place of occurrence soon after and saw the incident on their own eyes partially. Interested witness by itself cannot be a good ground to discard the evidence if one is found to be a truthful witness and telling the truth. It finds support from the decision in the case of State vs Ful Mia, reported in 5 BLC (AD) 41, in which our Apex Court opined that,
"The evidence of eye-witnesses cannot be discarded on the ground that they are interested witnesses and such evidence is admissible in evidence if they are found to be truthful witnesses and telling the truth."
51. The evidence of all prosecution live witnesses is found consistent, uniform and corroborative with each other in all material particulars. They consistently prove the time, place [exhibits-4 and 5] and manner of the occurrence. No discrepancy is found in respect of time, place and manner of the occurrence.
There is nothing to disbelieve in evidence of the competent witnesses of the prosecution case. More so, it has been corroborated by material exhibits-I, l(a), l(b) and also post-mortem examination report. And as such, it can be safely said that prosecution has been able to prove the case beyond reasonable doubt by the impartial and unbiased witnesses.
52. Learned State Defence Lawyer appearing for the accused has contended lastly that court has ample power to .give lesser sentence instead of death penalty if the prosecution case is proved beyond all reasonable doubt. In the present· case, the alleged hasuya" used by the accused in the attack of the victim was not recovered and that is why the same was not produced before the court. The investigating officer of the case did not make any attempt to recover the alleged weapon from any places. He ought to have carried out such vision for the interest of proper investigation. More. s6, the victim of the case died four days after the occurrence.
53. However, it is very difficult task on the part of a judge to decide what would be the quantum of sentence to be awarded upon an accused for committing an offence. We find some support from the decision in the case of Nawshar Ali Sarder vs State, reported in 39 DLR (AD) 194 [para 11] their Lordships opined that, "Section 302 which punishes 'murder' does not specify in which case death sentence should be given and in which case transportation for life to be awarded, but leaves the matter to the discretion of the court, Every case should be considered m the facts and circumstances of that case only".
54. Considering the decisions cited above, the testimonies on record and the facts and circumstances of the case we are of the view that justice will be met if the impugned judgment and order of conviction and sentence of death to accused Md Nazrul Islam is altered  and reduced to imprisonment for life instead of death.
55. In the result, the Death Reference is rejected and the order of sentence of death passed by the learned Sessions Judge, Kushtia against the condemned-accused Md Nazrul Islam finding him guilty under Section 302 of the Penal Code is commuted to imprisonment for life with a fine of Taka 5,000 (five thousand) in default, to suffer rigorous imprisonment for 6 (six) months more.
Let a copy of this judgment and order along with lower court records be sent to the learned sessions Judge, Kushtia for information and necessary action at once.
(Concluded)

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Europe faces uncertainty as Theresa May triggers Brexit


BRITAIN triggered Brexit process to leave the European Union (EU) as Prime Minister Theresa May on Wednesday sent the letter to EU leadership in Brussels to start negotiation leaving the country sharply divided and the future of EU largely uncertain. Most Britons fear that the split will isolate them from ...

Sports »

The winners of the ARK Group 35th National Weightlifting (Men`s) Championship with the officials of different federations pose for a photo session at the gymnasium of National Sports Council on Thursday.


Cricket »

Shahid Afridi (left) and Younis Khan unveiled the ICC Champions Trophy in Karachi on Thursday.


City »

Canadian Parliament Member Nathaniel Eroskin called on BNP Chairperson Begum Khaleda Zia at the latter's Gulshan office in the city on Thursday.


Entertainment »

Chumki under Mir Sabbir`s direction


Sheikh Arif Bulbon :Mir Sabbir and Chumki is real life’s husband-wife. They worked together as a pair on the screen in several number of works. But Chumki cannot give time to acting due to maintaining her family and two sons. So she is not regular in acting. She did not ...

International »

Japan ruling party urges strike ability amid N Korea threat


AP, Tokyo :Japan's ruling party urged the government Thursday to consider arming the country with more advanced and offensive capability, such as striking enemy targets with cruise missiles, further loosening the self-defense-only military posture Japan has had since the end of World War II.The Liberal Democratic Party's council on defense ...

Weekend Plus »

Tips for your healthy skin


Weekend Plus Desk :Don’t have time for intensive skin care? You can still pamper yourself by acing the basics. Good skin care and healthy lifestyle choices can help delay the natural aging process and prevent various skin problems. Get started with these five no-nonsense tips.Protect from the sunOne of the ...

Weekend Plus »

Beat the heat with these 3 refreshing drinks


Weekend Plus Desk :As the temperature rises, hot tea and coffee are more an option. While Lassi and Buttermilk are a perfect option for your everyday needs, cocktails and mocktails are essential for the evening parties. Gone are the days when Cosmopolitan, Bloody Mary or Daiquiri were the only good ...

Editorial »

Blaming loan defaulters is not enough, reasons must be examined


IT is reported that the big loan defaulters have not paid the huge debt to the banks despite their rescheduling by Bangladesh Bank in 2015. Now instead of paying their old debts, many businesspersons are moving around banks for a fresh loan. The Central Bank allowed rescheduling of loans of ...

Football »

Minus-Messi, Argentina lose another World Cup qualifier


AP, Sao Paulo :Hours after Lionel Messi was suspended by FIFA for four World Cup qualifying matches, Argentina lost 2-0 to Bolivia in the altitude of La Paz on Tuesday and heightened its risk of missing a spot at Russia 2018.Argentina dropped from third to fifth place, remaining on 22 ...

City »

Air Officer Commanding of Bangladesh Air Force Base Bir Sreshto Matiur Rahman Air Commodore Sheikh Abdul Hannan awarding


Entertainment »

Emma Roberts knows how to step away from spotlight


Emma Roberts has lived most of her life in the spotlight and the actress says that now she has learned a lot about how to handle it. The 26-year-old actress talked about how she has become proficient in maintaining a certain level of privacy when it comes to more personal ...

International »

Scottish Parliament votes for new independence referendum


Reuters, Edinburgh :The Scottish parliament on Tuesday backed First Minister Nicola Sturgeon's bid for a new independence referendum, further complicating Britain's political situation just as years of talks on the terms of Brexit were about to begin.The United Kingdom's vote last year to exit the European Union has strained ties ...

Editorial »

India must not feel too confident about defence pact


THE proposed defence pact with India to be signed early next month on New Delhi's pressure is creating growing public misgivings and many believe that the government should make the deal public to remove people's concern. Media reports said discussants at a round-table including academics, former diplomats and defence experts ...

Cricket »

Taskin hits hat-trick : Lanka make 311


Sports Reporter :Sri Lanka made a fighting total of 311 off 49.5 overs in their first innings against Bangladesh in the second One Day International (ODI) match at Rangiri Dambulla International Stadium in Dambulla, Sri Lanka on Tuesday.Sri Lanka could add at least 15 to 20 runs in their total ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news