In the Supreme Court of Bangladesh

High Court Division            (Criminal Appellate Jurisdiction)

Present:

   Mr. Justice Jahangir Hossain

          And

Mr. Justice Md. Jahangir Hossain

Death Reference No. 01 of 2016

The State

   -Versus-

1. Md. Foysal Bin Nayem @ Dip and
   2. Redoyanul Azad @ Rana ….....Condemned prisoners Mr. Shafiqul Islam, Advocate

     …..for the State defence with

Criminal Appeal No. 651 of 2016

Md. Maksudul Hasan Anik

-Versus-

The State

Mr. Abdur Razaque Khan with

Mr. Nurul Huda and

Mr. Nesar Ahmed, Advocates. ...............for the appellant

with

Criminal Appeal No. 1011 of 2016

Nafees Imtiaz

-Versus-

The State

Mr. Ahsanullah with

Mr. Mohammad Shaheen Mirdha, Advs.

..........for the appellant

with

Criminal Appeal No. 1107 of 2016

Md. Foysal Bin Nayem @ Dip and

others -Versus-

The State

Mr. Ahsanullah with

Mr. Sajal Mahmud Rasel, Advocates .............for the appellants

with

Criminal Appeal No. 7872 of 2016

(arising out of Jail Appeal No. 19 of 2016)

Shikhul Hadis Mufti Mohammd Jashim Uddin Rahmani

-Versus-

The State

Mr. Md. Moniruzzaman with

Mr. Furid Uddin Ahmed Talukder, Advs. ..............for the appellant

with

Criminal Revision No. 833 of 2016

Dr. Nazim Uddin

-Versus-

Md. Maksudul Hasan Anik and others ........None appears for the petitioner

with

Criminal Misc.Case No. 15972/2016

Sadman Yeasir Mahmud

-Versus-

The State

Mr. Mosharaf Hossain Kajol with Mr. Lutfor Rahman, Advocates

with

Criminal Misc.Case No. 10481/2017

Redoyanul Azad @ Rana

-Versus-

The State

Mr. Md. Abdun Nur with

Mr. Md. Abdul Jabbar Joel and Ms. Nusrat Sharif, Advocates

And

Jail Appeal No. 22 of 2016

Md. Foysal Bin Nayem @ Dip

-Versus-

The State

Mr. Zahirul Haque Zahir, D.A.G with

Mr. Md. Atiqul Haque [Salim], A.A.G

Ms. Bilkis Fatema, A.A.G and

Mr. Nizamul Haque Nizam, A.A.G

.……..for the State

Heard on:

08.11.2016,  09.11.2016,  13.11.2016,  14.11.2016, 15.11.2016,  16.11.2016,  20.11.2016,  21.11.2016, 27.11.2016,  28.11.2016,  29.11.2016,  30.11.2016, 04.12.2016,  05.12.2016,  06.12.2016,  07.12.2016, 11.12.2016,  12.12.2016,  03.01.2017,  04.01.2017, 08.01.2017 and 09.01.2017

Judgment on 02.04.2017

Jahangir Hossain, J

This  Death  Reference  No.  01  of  2016  is  the outcome  of  judgment  and  order  of  conviction  and sentence dated 31.12.2015 referred by the learned Judge of Druto Bichar Tribunal No. 03, Dhaka for confirmation of death sentences to Md. Faysal Bin Nayeem @ Dip and Redowanul Azad @ Rana under section 374 of the Code of Criminal Procedure.

Challenging the said judgment and order of conviction and sentences, Md. Foysal Bin Nayeem @ Dip, Mohammad Ahsan Reza @ Rumman and Nayeem Sikder @ Irad filed joint petition of appeal being numbered as Criminal Appeal No. 1107 of 2016. Muksudul Hasan Anik filed petition of appeal being Criminal Appeal No. 651 of 2016 and Nafis Imtiaz filed petition of appeal being Criminal Appeal No. 1011 of 2016 and Sykhul Hadis Mufti Mohammad Jashim Uddin Rahmani also filed petition of appeal being Criminal Appeal No. 7872 of 2016. Foysal Bin Nayeem @ Dip also filed Jail Appeal No. 22 of 2016 while Sykhul Hadis Mufti Mohammad Jashim Uddin Rahmani filed Jail Appeal No. 19 of 2016. Convict-Sadman Yasir Mohammad did not prefer any appeal but obtained a Rule by filing Criminal Miscellaneous Case No.15972 of 2016 under section 561-A of the Cr.P.C for quashing his sentence and no petition of appeal was preferred by Reduanul Azad @ Rana as he was absconded since inception of the case. The informant by filing Criminal Revision No. 833 of 2016 under section 439 read with section 435 of the Cr.P.C obtained a Rule

for enhancing inadequate sentences.

Death Reference  and all criminal appeals along with Criminal Miscellaneous Case and Criminal Revision have been heard together and are disposed of by this common judgment. 

The prosecution case is briefly described as under:

On 16.02.2013 at 04:20 am Dr. Nazim Uddin, father of the deceased, being informant lodged an FIR with Pollobi Police Station, Dhaka alleging inter alia that he received a killing news occurred in front of his house at Polash Nagor, Mirpur over cell phone from his relative-Khurrum Haider on 15.02.2013 around 09:30 pm. On getting such news he along with his wife rushed to the spot at 11:30 pm from Kapasia, Gazipur and came to know from his younger son Rubel that his elder son-Ahmed Razib Haider Shovo was brutally murdered after being severely injured while he [deceased] was coming back home from outside at about 08:30 pm to 08:45 pm. He further came to learn that two men wearing masks ran away from the eastern side of Polash Nagor towards a nearby place known as Baishtaki. The assailants left behind one dagger and one sharp cutting chapati which were seized by police and the incident took place by unknown miscreants in a pre-planned design.

Having received an ejahar police started Pollabi Police Station Case No. 40 dated 16.02.2013 against unknown persons under sections 302/34 of the Penal Code. Before lodging the FIR an inquest report of the dead body of the victim was held by police in connection with G.D entry No. 1098 dated 15.02.2013 at 09:45 pm. In course of investigation of the case police apprehended 7[seven] accused persons including condemned prisoner Foysal Bin Nayeem @ Dip who made confessional statements before the judicial magistrate involving themselves in the killing of the victim. DNA test was also conducted to ascertain the identification of the victim and blood stained dagger and chapati seized by police. The investigating officer also collected autopsy report of the deceased and three

witnesses also made statements before the magistrate under section 164 of the Code of Criminal Procedure [briefly Cr.P.C]. 

The investigating officer, after conclusion of investigation, submitted charge sheet being No. 26 dated 25.01.2014 against 8[eight] accused persons under sections 302/109/34 of the Penal Code.

Additional Metropolitan Sessions Judge, 4th Court, Dhaka framed charge on 18.03.2015 against the said accused persons under sections 302/34/109 of the Penal Code. Thereafter, the aforesaid case was transferred to Druto Bichar Tribunal No. 02, Dhaka by a notification dated 30.04.2016.

Gravamen of charge against 08[eight] accused persons was again framed being amended on 21.05.2015 under the same sections, as proposed in the charge sheet which was read over and explained to them present on dock to which they pleaded not guilty and claimed to be innocent at the trial. The prosecution, in order to prove its case, examined 35[thirty five] witnesses while defence examined none.

On closure of the prosecution witnesses, the accused persons present in dock, were also examined under section 342 of the Cr.P.C wherein the incriminating evidence brought to their notice and consequence thereof was explained to them. This time, the accused persons present in the dock also reiterated their innocence, non complicity and declined to adduce any evidence in their favour through defence witnesses but condemned prisoner Md. Foysal Bin Nayeem @ Dip and convicts-Muksudul Hasan Anik, Md. Nayeem Sikder @ Irad, Nafis Imtiaz and Sykhul Hadis Mufti Mohammad Jashim Uddin Rahmani submitted written statements while convict Md. Ehasan Reza @ Rumman expressed few words verbally.

Having considered the evidence and facts and circumstances of the case, learned Judge of the Druto Bichar Tribunal found the condemned prisoners guilty of the offence under sections 302/34 of the Penal Code and sentenced them to death with a fine of Tk. 10[ten] thousand each and also found Muksudul Hasan Anik guilty under sections 302/34 of the Penal Code and sentenced him to suffer imprisonment for life with a fine of Tk. 10[ten] thousand, in default, 01[one] year simple imprisonment, Md. Ehsan Reza @ Rumman, Md. Nayeem Sikder @ Irad and Nafis Imtiaz found guilty of the offence under section 304 Part I and 34 of the Penal Code and sentenced them to suffer rigorous imprisonment for a period of 10[ten] years each with a fine of Tk. 05[five] thousand, in

default, 06[six] months simple imprisonment while Sykhul Hadis Mufti Mohammad Jashim Uddin Rahmani under section 304 Part II and 109 of the Penal Code

and sentenced him to suffer imprisonment for 05[five] years with a fine of Tk. 02[two] thousand, in default, to suffer simple imprisonment for 02[two] months and Sadman Yasir Mahmud under section 304 Part II and 34 of the Penal Code and sentenced him to suffer imprisonment for 03[three] years with a fine of Tk. 2[two] thousand, in default, to suffer simple imprisonment for two months.

Mr. Mohammad Atiqul Haque [Selim] along with Ms. Bilkis Fatema, learned Assistant Attorney Generals has taken us to the FIR, inquest report, DNA Test, seizure lists, autopsy report, charge sheet, testimony of the witnesses and impugned judgment and other connected documents on record wherefrom it transpires

that the victim was killed by the condemned prisoners and five others on 15.02.2013 between 08:30 and 08:45 pm in a pre-planned manner after having been instigated by accused Sykhul Hadis Mufti Mohammed Jashim Uddin Rahmani.

Mr. Ahsanullah, learned Advocate contends that there is no specific charge framed against the convict Nafis Imtiaz. Although common intention has been shown against him but there is no evidence in this regard. Even so, charge itself is contradictory.

According to the confessional statements, Nafis Imtiaz was not present at the time of purchasing chapati, knives, mobile sim and its set. According to his own confession he had gone back half an hour before the occurrence took place showing that he was not involved with the killing incident. For the sake of argument, if his confession is accepted by court as

true and voluntary that does not bring him within the ambit of murder charge. It is not proved by rendering evidence on the event of trucking call list serving mobile phone and bicycle as allegedly used by Nafis Imtaiz for detecting home of the victim.

Mr. Ahsanullah further assails for other convict- appellants namely Foysal Bin Nayeem @ Dip, Md. Nayeem Sikder @ Irad and Mohammad Ahsan Reza @ Rumman that impartial, trustworthy and credible evidence are not available and ‘last seen theory’ would

be applicable in this case to explain about the victim by his girlfriend Tanzila who was seen with him at 05:30 pm prior to the occurrence and the prosecution failed to prove last seen theory [Bhola –Vs-State, reported in 55 DLR 37]     

Confessions of the accused run counter to the prosecution case that the informant said, his son was neither a blogger nor atheist but pro-liberation activist whereas confessions disclosed that victim was an atheist [41 DLR (AD)157] and when there is no eye witness or any corroboration of the evidence and the deposition of the prosecution witnesses runs counter to the confessional statement, it is not safe to sustain any conviction [State-Vs- Hamidul and others, reported in 61 DLR, 614].

The confession of one co-accused cannot be used for corroborating the confession of another co- accused because both are tainted evidence [State-Vs- Mukhtar Ali, reported in 10 DLR (1958)155].

Police diary cannot be used as evidence of any date, fact or statement referred to it. This can be used only for the purpose of assisting the court in the appreciation of the evidence and to clear up any doubtful event [The State –Vs- Md. Abdur Rashid, reported in 1987 BLD (AD)73].

Mr. Abdur Razaque Khan learned Senior Counsel, for convict Maksudul Hasan Anik submits that the investigating officer detained the accused Anik in his custody violating the provision of section 61 of the Cr.P.C as the accused Anik was arrested by him on 28.02.2013 and produced him before the court on 02.03.2013. Even then, he was again produced before the judicial magistrate on 10.03.2013 despite 09.03.2013 after 07[seven] days’ police remand [The State-Vs-Md. Farid Karim, reported in 8 BLT (AD) 87 and The State –Vs-Mofiz Uddin and others, reported in 15 BLT (AD) 105]. The chain of circumstances has been broken by the evidence of prosecution witnesses in this case and the accused is not supposed to make out his defence case by giving suggestions or by his statement under section 342 of the Cr.P.C. If it is found unfavorable from the lips of prosecution witnesses during cross-examination it may create benefit of doubt which goes to the favour of the accused persons [Pulin Mahajan –Vs- The State, reported in 8 ADC (AD) 982].

In the present case statements of some witnesses including pw-13 were recorded long after the occurrence, cannot be used as corroborative evidence [Aminullah and others –Vs- Serajul Huq and others, reported in 18 MLR (AD) 135 and State -Vs- Kazi Mahbub Uddin Ahmed, reported in 18 BLC (AD) 210].

A confessional statement made by a co-accused cannot be used against other accused unless there are lending assurance to the other evidence on record because his statement of veracity cannot be tested by

cross-examination to be used as sole basis of conviction in the absence of independent and corroborative evidence as per sections 3 and 30 of the Evidence Act [Babor Ali Mollah and others –Vs- State, reported in 44 DLR (AD) 10, Amir Hossain Howlader –Vs- the State, reported in 1984 BLD (AD) 193 and Lutfun Nahar Begum –Vs- the State, reported in 27 DLR (AD) 29].

Mr. Razaque further submits that a confession of an accused cannot corroborate the confession of another accused when their confessions are so found retracted [The State –Vs- Mukhtar Ali and another, reported in 10 DLR 155]. According to sections 164(3) and 364 of the Cr.P.C pw-29 being recording officer failed to make a memorandum to the confession containing a clause to the effect that ‘he alerted the accused who was not bound to make

confession and if he does so it would be used against him and the same was recorded as per version of the maker and which was read over to him and found true and correct version’ [Sohel @ Sanaullah –Vs- the State, reported in VII ADC (AD) 261, State- Vs- Nuru Miah, reported in 20 BLC (AD) 241 and State –Vs- Babul Miah, reported in 63 DLR (AD) 10.

Mr. S.M Shafiqul Islam, learned State defence lawyer for Redunul Azad @ Rana submits that accused Rana played no role when the attack was made on the victim and his hiding is very significant in a sense that he might be harassed and humiliated by police in the name of investigation. Citing some decisions namely 1984 BLD (AD) 193, 48 DLR (1996)305 and 58 DLR (2006) 373 learned State defence lawyer argues that there is no evidence adduced by the prosecution witnesses against him except confessional statements of co-accused which disclosed that he was with them involving in the killing of the victim in a preplanned manner. Confessions of co-accused are not enough to find him guilty.

Apart from these arguments made by State defence lawyer for absconding convict Reduanul Azad

@  Rana, Mr. Abdun Nur, learned Advocate by dint of Criminal Miscellaneous Case No. 10481 of 2017 supplements that Rana was all along in Malaysia having no knowledge about the instant case and he was arrested after concluding hearing of the death reference. And then he points out that confession of a co-accused is not evidence as defined in section 3 of the Evidence Act because it is not made on oath in presence of the person affected and its veracity is not tested by cross-examination [Lutfunnahar Begum –Vs- the State, reported in 27 DLR (SC) 29 and Amir Hossain Howlader –Vs- the State, reported in 1984 BLD (AD) 193]. Mr. Abdun Nur, lastly has drawn our attention to commute the sentence imposed by the trial court, if the Appellate Court finds Reduanul Azad

@  Rana guilty in the commission of murder charge in any way.         

Mr. Mosharof Hossain [Kajol], learned Advocate contends that according to section 221 of the Cr.P.C charge must be described elaborately to the accused persons but that was not done at the time of amending the charge by the Druto Bichar Tribunal. The deceased was a blogger who defamed Islam and Prophet Hazrat Mohammad [S] as alleged by the prosecution, has not been proved by providing sufficient evidence. The informant, father of the victim, even said his son was not a blogger or atheist and nothing was recovered by police at the showing of accused Sadman

in connection with the alleged murder incident. It is further contended that the alleged confession of Sadman seems to be exculpatory in nature and he had no participation in the killing of the victim and as such the same cannot be used against him as evidence [Bashar and others –Vs-the State, reported in 15 BLT (HC) 2007].

Mr. Md. Moniruzzaman, learned Advocate contends that complicity as to the alleged commission of offence is absent against the convict-appellant Mufti Mohammad Jashim Uddin Rahmani who made a confession under duress. There is no evidence adduced

by  the  prosecution  that  Rahmani  instigated  the  other convicts by giving speeches at the mosque to kill the victim Razib and he has been victim of circumstances and he knew nothing about the alleged occurrence. The order of conviction by the trial court is perfunctory and is not based on legal reasoning and proper appreciation of evidence.        

In proving the offence of killing, Dr. Md. Nazim Uddin, father of the victim and also informant of the case, being pw-01 stated in his deposition that at the time of occurrence he was at Kapasia in Gazipur district. Getting news from his nearest relative pw-16, he along with his wife came to the scene at 11:30 pm and was told by his younger son that his elder son Ahmed Razib Haider had been killed by unknown persons in front of their boundary wall of the house and the assailants left a dagger and a chapati after the killing incident took place in a pre-planned manner. Having rushed to the Pollabi police station he lodged the FIR, marked as exhibit-1 and his signature as exhibit 1/1. Later, he came to know through electronic media and news papers that his son was killed by the accused persons being inspired by accused Jashim Uddin Rahmania and all the accused apprehended by police made confessional statements involving themselves in the killing of his son.

From the trend of cross-examination by the defence it reveals that the accused persons did not commit the killing offence rather the victim was killed by unknown persons due to matrimonial conflict between the victim and his-in-laws. It is also found in the evidence of pw-1 that he was not residing in the residence at Dhaka as he was doing work at Kapasia, Gazipur but the fact remains that he has narrated the exact time, place and manner of the occurrence. He used to come to his Dhaka’s residence from time to time where his deceased son, younger son and nephew [Kazi Galib pw-02] used to reside together.

At the time of occurrence Galibul Islam alias Kazi Galib [p.w-02] and Newaz Haider Rubel [p.w-03] both were in the house situated at 56/3, Polash Nagor, Mirpur. Pw-02 stated in his evidence that Newaz Haider and victim Razib Haider both are his cousins. They lived together in the said house at Polash Nagor. On 14.02.2013 at 11:00 am they were in the house while 4/5 youths playing cricket near north side of their house. A cricket ball entered inside their house from outside. A tall bearded man aged about 22/23 years knocked to open the door as the ball entered into the premises of the house. Taking his [bearded man] ball back he asked them to close the gate. The witness then made an inquiry to Rubel that usually young boys used to play on the place where the youths were playing cricket having seen the bearded man. Thereafter, they closed the gate. Next

day i.e on 15.02.2013 between 08:32 pm and 08:45 pm he heard clamor from outside when Newaz Haider was watching TV in a nearby room. At that time his cousin Razib was outside of the house.

Instantly both of them rushed to the place and found Razib Haider, critically injured, lying on the street of Polash Nagor nearby northern boundary wall of their house. Locals along with their maternal uncle came to the spot from surrounding areas and police and journalists also came within half an hour. Their maternal uncle Khurrum Haider [p.w-16] informed the relatives including parents of the victim who came later. On 2nd or 3rd March he along with his cousin Newaz could see five accused persons at DB office including that bearded man named Dip who took the cricket ball back from the premises of their house. In their presence the accused persons elaborately admitted the

killing of the victim giving their individual own identities as Dip, Rumman, Anik, Irad and Nafis who mentioned the names of Rana, Sadman and Jashim as being involved with the killing mission.

This witness has been cross-examined by the defence elaborately but his evidence could not be shaken with regard to the identity of the bearded man and time, place and manner of the occurrence in any way. Defence suggestion is that the victim was killed due to having extramarital relationship with one Tangila which inspired some interested quarters to kill the victim. Such kind of suggestions do not sustain the reality of fact as alleged by the defence.

Younger brother of the victim as pw-03 deposed supporting evidence of pw-02 that he along with his brother victim-Razib Haider and cousin Galib used to live together in the same house. The occurrence took

place on 15.02.2013 between around 08:30 and 09:00 pm on the street of Polash Nagor near the northern boundary wall of their house. On 14.02.2013 he along with Razib and Galib were in the house. At about 11:00 pm he saw 4/5 youths playing cricket on the street and a youth took a cricket ball back having entered their house and asked them to close the gate. Next day around 08:45 pm he and Galib on hearing clamor went to the place and saw his elder brother Razib, being critically injured, lying on the street. On their shouting locals including their maternal uncle Khurrum Haider reached the spot. Their maternal uncle informed all of their relatives over cell phone and within half an hour police came to the scene and prepared inquest report, seized alamot including a blood stained knife and chapati, Laptop and Nokia set i-phone. Police also seized a wallet of victim along with Tk.

600/-. He signed the seizure list and police took the dead body for autopsy. His father came at 11:30 pm and on hearing the incident became unconscious. Thereafter, his father lodged the FIR with the police station at late night. He along with his cousin Galib rushed to the DB office on 02.03.2013 where they identified accused Dip who took the ball back from their house one day prior to the occurrence. They also identified accused Anik, Rumman, Nafis and Irad along with Dip who killed his elder brother brutally in a pre- planned design. In their presence this five accused admitted their guilt for the killing of the victim at DB office. He signed the seizure list of blood stained chapati, knife, Laptop and an i-phone Nokia set, a black colored modem and a wallet along with Tk. 600/- of the victim, marked as material exhibit-i and his signature as exhibit 2/2.

The defence thoroughly examined this witness claiming that the victim had extramarital relationship with one Tangila for a long time but he denied the defence suggestion replying that his elder brother Razib Haider was not killed due to extramarital relationship with the said Tangila.

PW-04 Md. Zakir Hossain stated in his deposition that on 02.03.2013 from 07:30 to 08:00 pm DB Police entered their office with the help of the guard where he and pw-05 were present at the address. Police recovered a pair of canvas being cut at the pointing of accused Rumman in their presence and prepared seizure list, marked as exhibit-03 where he signed, marked as exhibit-3/2 and a pair of Reebok canvas, marked as material exhibit-II. He further stated that the canvas shoe seemed to be cut by chapati and he recognized the same in court. He denied the defence suggestion that he signed white paper at the behest of police.

Pw-05 Zahirul Islam echoing the evidence of pw-04 testified that he was working as MLSS in the office of film publishing directorate and lived at 112, Circuit House Office compound. On 02.03.2013 from 08:00 to 09:00 pm DB police came to their address where they lived and recovered a pair of canvas shoes. Accused Rumman along with another was with them. He signed the seizure list, prepared by police in their presence and his signature, marked as exhibit- 3/3 and he recognized the cut canvas shoes in court. On cross-examination he replied that he did not know whether police took the signatures from the accused- persons on the seizure list and denied the defence suggestion that he deposed at the directives of police.

Mohammad Iskander Ali as pw-06 deposed that on 02.03.2013 at 21:35 hours DB police along with two accused came to Sher-e-Bangla Nagor, Agargoan near western side of Govt. Girls High School and recovered a mud stained chapati and three knives at the showing of the accused from dirty-drainage in their presence. He signed the seizure list prepared by police, marked as exhibit-04 and his signature as exhibit 4/2. Both the accused persons were named as Rumman and Anik. He also signed the seizure list [marked as exhibit-05 and his signature as 5/2] of recovered seven sets of mobile phones of the accused placed by ADC Moshiur at DB office on 13.03.2013 at 12:00 am. He denied the defence suggestions that in his presence nothing was recovered and did not sign the seizure list at DB office.

Pw-07 Mita Das Gupta testified that accused Rumman used to reside in the ground floor of the building at 84/3/A Kakrail where DB police came on 03.03.2013 at about 12:30 pm and seized books, ID card and desktop in his presence and prepared seizure list, marked as exhibit-06 and his signature as exhibit- 6/2. On cross-examination he replied that he did not know who brought the books and desktop.

Md. Mouazzem Hossain Chowdhury as pw-08 stated in his deposition that he used to reside on 3rd floor of a multi-storied building situated at 82, Block- D, Road No. 05, Bashundhara. Accused Rana lived on 4th floor and DB police having reached their seized banglalink packet sim, book, visiting card, a photo and copy of vio-data in his presence and prepared a seizure list, marked as exhibit-07 and his signature as exhibit-7/2. He denied the defence suggestions that

nothing was recovered in his presence and signed the seizure list in fear of police.

Pw-09 Md. Akram Hossain Mithu in his deposition stated that he used to work as a salesman of M E Enterprise at Kalachandpur. On 13.02.2013 he sold four banglalink mobile sets to one bearded man at Tk. 520/-[five hundred and twenty]. Police along with a bearded man came to his shop on 05.03.2013 at about 11:00 pm and asked him whether he knew that bearded man naming as Dip. He replied in positive. Police prepared seizure list, marked as exhibit-08 and his signature as exhibit-8/2. Thereafter, he made a statement before the magistrate on 02.06.2013, marked as exhibit-09 and his signature as exhibit-9/1. He denied the defence suggestions that he did not identify the bearded man and give false evidence as per directives of police.

Pw-10 Md. Mustafa supporting the evidence of pw-09 deposed that he is the owner of ‘M. E Enterprise’. From his shop salesman Akram Hossain Mithu sold four banglalink sims at Tk. 520/-on 13.02.2013 at 05:00 pm. Police asked him whether his salesman sold the same to the man brought by police before them on 05.03.2013 at about 11:00 pm. He replied in the positive. Police prepared the seizure list, marked as exhibit-08 where he put signature, marked as exhibit-8/3. He identified tall bearded man in the dock of the court. He denied the defence suggestion that he deposed falsely in fear of the police.

Pw-11 Md. Abdul Manan testified that he is the owner of Junaki Tailors. On 05.03.2013 between 03:00 and 03:15 pm police came to his shop asking him to go with them to the house of 18/C, Shukrabad, a rented house of Irad, from where police seized a laptop, charger and Islamic books and prepared seizure list, marked as exhibit-10 and his signature as 10/2. He recognized the seizing articles in court. On cross-examination he told that he did not give statement to the police and he gave a signature only.

Pw-12 Md. Robiul Islam deposed that he used to reside on the 5th floor of house No.317, Road No. 12, Block-C, Bashundhara and he had gone downstairs after having being asked by DB Police on 05.03.2013 at 23:35 hours. Police along with Nafis entered the room of Nafis and seized books, ID Card, laptop at the showing of Nafis and prepared seizure list, marked as exhibit-11 and his signature as exhibit 11/2. He denied the defence suggestion that he deposed falsely.

Manik Karmokar as pw-13 testified that he used to deal with blacksmith business at Natun Bazar over the past 25-30 years. He sold four knives and two chapatis at a cost of Tk. 2600/- to a youth on 06- 07 February, 2013. He came to know later through electronic and print media that the incident had taken place with those weapons and he identified the youth brought by police before him. The name of the youth is Anik who admitted in his presence that he bought those weapons from him. Before the magistrate he made a statement, marked as exhibit-12 and his two signatures as exhibit-12/1 and 12/2. He denied the defence suggestion that he did not mention in the statement that a youth bought four knives and two chapatis from his shop.

Rina Akter, a neighbor of the deceased, being Pw-14 testified that she was returning to her husband’s house from her father’s house on 15.02.2013 at about 08:45 pm. On hearing clamor she advanced towards the spot and could see 12/13 persons gathered there and a dead-body lying with blood stained wounds on the earth. On query she came to know that the name of dead body is Razib Haider residing in the house near the wall of the occurrence. Having felt fear on seeing blood she left the spot then and there. She further came to learn the incident from several electronic and print media. She denied the defence suggestion that hiding real clue she rendered evidence.

Pw-15 Abdul Ohab stated in his deposition that he used to work at a motor garage at Metro Housing, Bosila Road, Mohammadpur nearby southern side of Markas Mosque. Around two years ago on 13th August at about 04:00-04:30 pm police recovered a lot of books from a house and prepared a seizure list

[exhibit-13] where he signed and his signature marked as exhibit-13/2. On cross-examination he said police told him that some books were seized.

Pw-16 Khurram Haider deposed that he is a retired Bank Officer. Deceased Razib Haider was his nephew. Corroborating evidence of pws 1, 2 and 3 he narrated that he promptly came to the scene after hearing hue and cry and saw the dead body of his nephew with blood stained wounds and also saw one Abdus Sattar, his other nephews namely Newaz Murtoza Haider and Galib weeping beside the dead body. He informed his brother-in-law Dr. Nazim Uddin, father of the victim, over cell phone. Meanwhile police came to the spot and prepared inquest report, marked

as exhibit-14 and he gave signature [exhibit-14/2] on it. Locals namely, Motiur Rahman, Abdus Sattar [pw- 19], Abdur Rashid [pw-18] and Golam Kabir [pw-17]

also signed the same. Police also seized blood stained chapati and knife, wallet with Tk. 600/-[six hundred], black modem, blood stained laptop and Nokia phone set of the deceased. Father of the victim went to the police station after sometime. This witness replied on cross-examination that no step was taken against guards for the incident and they used to work based on shift duty.

Md. Golam Kibria as pw-17 deposed that deceased was his cousin. The occurrence took place on 15.02.2013 and he received news of the incident at about 09:30 pm over telephone. He came to the spot and saw his cousin Razib being blood stained wounds lying on the ground. Police cordoned off the area and held inquest report where he signed as witness No. 03 in the serial. His uncle and aunt having come to the spot started crying and dead body

was taken after holding inquest report. Around 15-20 days later, he came to know from Newaz Haider [Pw- 03]  that the killers of Razib Haider had been apprehended. He denied the defence suggestion that he did not tell the police about his arrival at the spot. Pw-18 Md. Abdur Rashid testified that he is a retired General Manager of Agrani Bank. On hearing hue and cry he came down from the second floor of his building and saw the dead body of Razib Haider with blood stained wounds lying on the spot and he could see Razib’s younger brother Newaz and cousin Galib crying beside the dead body. Sometimes later, police having come to the spot prepared inquest report where he along with four others signed and his signature, marked as exhibit-14/4. On cross- examination he replied that wife of Razib Haider came

to his house once or twice but could not see her to stay there.

Pw-19 Md. A. Satter supporting the evidence of pw.16 testified that he was the Secretary of Plot Owners Kallyan Samity. At the time of the occurrence on 15.02.2013 at about 08:45 pm, he came out of the samity office when he heard clamor from the street near the house of 56/3. He along with others saw the dead body of Razib Haider with blood stained wounds lying on the street. Thereafter, police came and held inquest report. Police after seizing wooden chapati, iron knife and laptop, one Nokia phone [black], modem and wallet of the victim prepared seizure list, marked as exhibit-2 and his signature as exhibit-2/3. On cross-examination he replied that there has been a G.D number in the inquest report and he did not make any statement before any agencies or any other person about the incident.

Pw-20 Md. Alamgir Hossain @ Nuru Miah deposed that he is a security guard of Palash Nagor Plot Owners’ Samity. The occurrence took place on 15.02.2013 at 08:45 pm. After evening he was on duty up to 07:00 am next day at Gate No. 02. During his duty he could see two men running away and he then heard that a killing incident took place in front of House No. 56/3 about ½ kilometer is far from his work place. He heard that landlord’s son Razib has been killed. On cross-examination he said he did not hear any shouting.

Pw-21 Constable Nur Amin deposed that he along with Constable Asadul Haque went to Dhaka Medical College on 17.02.2013 for collecting alamot after post-mortem examination of deceased Razib. He

took a sealed plastic pot and a tube from the doctor of morgue to DB Inspector Mainul Islam who prepared seizure list where he put his signature, marked as exhibit-15/2. He was one of the members of raiding party under DB Inspector Mainul Islam who took accused Dip, Anik, Irad, Rumman and Nafis to DB office after arrest. On cross-examination he said he did not know whether there was any warrant for arresting the accused person.

Pw-22 Md. Alamin stated in his deposition that between 2012 and 2013 he worked in ‘Sale World Symphony’ shop at 16 Malibagh Chowdhury Para. In the 1st week of March, 2013 DB police came to their shop and seized cash memos of selling four mobile sets at a cost of Tk. 1350/-or 1370/- and prepared a seizure list where he put his signature, marked as exhibit-16/2. He identified the tall bearded man wearing T-shirt in dock of the court. He denied the defence suggestion that he deposed falsely.

Pw-23 Anwar Hossain supporting the evidence of pw-22 deposed that he is the owner of ‘Sale World Symphony’ shop. Police after seizing cash memos prepared seizure list where he put his signature, marked as exhibit-16/3. He denied the defence suggestion that he gave untrue evidence in fear of police.

Pw-24 Constable Md. Asadul Haque corroborating the evidence of pw-21 deposed that he along with Constable Nur Amin went to Dhaka Medical College on 17.02.2013 for collecting alamot after autopsy report of dead body of deceased Razib. He took a sealed plastic pot and a tube from the doctor of morgue to DB Inspector Mainul Islam who prepared seizure list where he put his signature, marked as exhibit-15/32. He was one of the members of raiding party under ADC Moshiur Rahman along with Inspector Mainul Islam and A.C Towhidul Islam who took accused Dip, Anik, Irad, Rumman and Nafis to DB office after arrest. On cross-examination he said he did not know who prepared the packet and sealed the same.

Pw-25 Md. Asaduzzaman Nur deposed that being metropolitan magistrate he recorded confessional statement of accused Sykhul Hadis Mufti Md. Jashim Uddin Rahmani giving him sufficient reflection time under section 164 of the Cr.P.C on 02.09.2013 in connection with Pollabi Police Station Case No. 40(2)13. The statement has been marked as exhibit-

17 where he put five signatures, marked as exhibits- 17/1 to 17/15 and the accused also put five signatures therein. In cross-examination he replied that no G.D entry has been mentioned in the said case.

Accused told him that he was arrested on 27.08.2013 and DB police took him on remand. It was not mentioned for how many days he was on remand. He did not give separate certificate that the confession was made voluntarily. He denied the defence suggestions that the confession was not made according to will of the accused rather at the instigation of police and without following rules and provisions of sections 164 and 364 of the Cr.P.C.  

Pw-26 Md. Shahariar Mahmud deposed that he being metropolitan magistrate at Dhaka recorded confessional statement of accused Sadman Yasir Mahmud on 20.08.2013 under section 164 of the Cr.P.C in connection with Pollabi Police Station Case No. 40(2)2013. He followed all provisions of law at

the time of recording the same, marked as exhibit-18 and he put his seven signatures on it, marked as exhibits-18/1 to 18/7 and the accused also put three signatures thereon. In cross-examination he replied that he did other works while giving the accused three hours reflection time and the accused did not tell him about his participation in the killing of the victim. He denied the defence suggestions that he did not follow all provisions of law at the time of recording his confessional statement and the same was not made voluntarily.

Pw-27 Md. Anisur Rahman, Sub-Inspector of Police, deposed that he was on duty at Pollabi Police Station from 08:00 pm of 15.02.2013 to 08:00 pm of 16.02.2013. On 16.02.2013 at 04:20 am he recorded FIR column of an ejahar submitted by one Dr. Nazim Uddin. FIR form has been marked as exhibit-19 and his two signatures, marked as exhibits-19/1 and 19/2. He also put a signature on the ejahar, marked as

exhibit-1/2. In cross-examination he responded that there has been no name in the FIR. Police station is around 2½ km far from the place of occurrence and it takes half an hour to reach there. He denied the defence suggestion that he did not fill up the FIR form properly.

Pw-28 Md. Mahmud Hasan being scientific officer deposed that his colleague Ahmed Ferdous, a scientific officer, sent eleven materials of Pollabi Police Station Case 40(2)2013 to their laboratory for DNA test. Having examined and analyzed he sent the report with his opinion, marked as exhibit-20 and his signature as exhibit-20/1. In cross-examination he replied that at exhibit-D, hair sample and blood stained from crime scene, at exhibit-E same thing has been mentioned, at exhibit H-F blood stain on knife [chapati], at exhibit H hair sample from the victim’s left hand, at exhibit J hair sample collected by doctor from the victim’s left hand, have been written. He denied the defence suggestion that his report was not prepared following scientific procedures.

Pw-29 Md. Harun-or-Rashid deposed that he was performing judicial functions as metropolitan magistrate at Dhaka. On 10.03.2013 accused Foysal Bin Nayeem @ Dip, Maksudul Hasan Anik, Ehsan Reza Rumman, Nayeem Sikder @ Irad and Nafis Imtiaz of Pollabi Police Station Case No. 40(2)2013 were produced before him at 10:00 pm for recording their confessional statements. Having followed all provisions of law he asked them whether they had willingness, being tortured or threatened in custody and he also examined them whether they had any injuries

on their persons and alerted them that they were not bound to confess and if they confess it would go against them as evidence. He retained them in his chamber before recording their statements. He gave them sufficient reflection times and they replied in the positive. He first recorded confessional statement of accused Foysal Bin Nayeem @ Dip from 01:00 pm to 02:00 pm, marked as exhibit-21 in which he put five signatures, marked as exhibits-21/1 to 21/5 and accused also put eight signatures thereon. Thereafter, he brought accused Maksudul Hasan Anik through his peon to his chamber and recorded his statement from 02:00 pm to 03:00 pm, marked as exhibit-22 and

his five signatures marked as exhibits-22/1 to 22/5 where accused also put seven signatures. He recorded statement of accused Md. Ehsan Reza @ Rumman from 03:00 pm to 04:00 pm, marked as exhibit-23 and his five signatures marked as exhibit-23/1 to 23/5 where accused also put six signatures. He

recorded statement of accused Md. Nayeem Sikder @ Irad from 04:00 pm to 05:00 pm, marked as exhibit- 24 and his five signatures, marked exhibits-24/1 to 24/5 and accused also put six signatures thereon. Lastly, he had finished recording statement of accused Nafis Imtiaz at 05:00 pm, marked as exhibits-25 and his five signatures, marked as exhibit-25/1 to 25/5 and the accused also gave six signatures in Bangla and one signature in English. Thereafter, he sent all the accused persons to Dhaka Central Jail with custody warrants. In cross-examination he responded that his peon brought the accused before him. He cannot recall whether the accused were handcuffed. All the five accused persons were brought before him on the same day i.e on 10.03.2013. On 02.03.2013 remand prayer for seven days was allowed. He denied the defence suggestions that the accused persons were on police

remand for eight days and he did not follow the provisions laid down in law at the time of recording their confessional statements.

Pw-30 Constable Md. Monsur Rahman deposed that on getting news of the incident he went to the spot at Polash Nagor along with other police personnel including S.I Motiur Rahman who held inquest report of deceased blogger Razib and he took the dead body of the deceased to Dhaka Medical College with challan for autopsy. Sub-Inspector Motiur Rahman seized the wearing apparels of the deceased and prepared seizure list later on where he signed. In cross-examination he said there is no signature of relatives of the victim in the seizure list for identification.

Pw-31 Dr. Sohel Mahmud testified that he was on duty at forensic department of Dhaka Medical College as Associate Professor. Constable Md. Monsur Rahman brought the dead body of Razib Haider and he examined the same and found the following injuries,

[1] Multiple chops wound on

(a)1" about the left ear to upper jaw (6"X1"X1½").

(b)  Left check 1" front of left ear to

mid chin (6"X1"X1").

(c)    Left check 1" front of the left

ear to below and mid chin (6"X1"X1").

(d)   Along with lower margin of the

left mandible below the left ear to mid neck (5"X1"X1½").

(e)    Back of right ear on mastoid

process (1½"X ½").

(f)      2[two] chops wound on the

occipital region 2" apart from each other (3½"X½"Xbone) and placed transversely (II)  Inside wound on left shoulder (1"X ½"X½").

On dissection

(1)  Hematoma found on left front to temporal (3"X 2"), occipital (3"X 2"), right temporal (2"X 1") of the skull.

(II) Left carotid artery cut

(III)        Occipital bone partially cut

(IV)       Angle of left mandible @ mid mandible cut fractured

(V) Maxilla (left & upper) jaw cut fractured

(VI)       Left Zygomatic bone cut fractured

(VII)    Left sided orbital ridge of frontal bone found cut fractured.

In his opinion, the cause of death was shown due to hemorrhage and shock resulting from above mentioned injuries which were ante mortem and homicidal in nature and he signed the postmortem examination report, marked as exhibit-28 and his signature as exhibit-28/1.

In cross-examination he replied that the cause of death might happened due to accidental, homicidal and suicidal which could identify by investigating officer who also sought advice from the doctor. He could not say that the victim died due to lack of proper treatment. Age of injury has not been described as there is no column in the report. In reply he said he found the injuries on the shoulder, neck and around the face of the victim and no injury was found on the lower part of the body. He denied the defence suggestions that according to medical jurisprudence he has no authority to state ‘homicidal in nature’ and he rendered the autopsy report without mentioning specific cause of death and he was not capable to ascertain the injury.

Pw-32 Mizanur Rahman testified that he was security supervisor of House No. 205, Block-B and Road No. 6 at Bashundhara. On 03.03.2013 from 10:00 to 10:30 pm DB Police came to the house of accused Anik from where they seized one ID card, laptop, charger, black bag and a book. He along with security guard Lutfor signed the seizure list, prepared by DB police. In cross-examination he replied that he did not have idea about the laptop and did not go through the book seized by police and police showed him the seizing goods.

Pw-33 S.I Sheikh Motiur Rahman deposed that he was on mobile duty as Sub-Inspector of Pollabi Police Station on 15.02.2013. He along with two

constables went to the scene at Polash Nagor where they found dead body of Razib Haider being blood stained wounds lying on the street in front of House No. 56/3. He sent the dead body of the victim to Dhaka Medical College through constable Monsur after preparing inquest report at 22:30 hours, marked as exhibit-14 and his signature as exhibit-14/1. He also seized a wallet along with Tk. 600/-, one modem, one Nokia set and an i-phone. He signed the seizure list, marked as exhibit-2 and his signature as exhibit- 2/1 and material exhibit-III series. He identified the alamots in court. He visited the place of occurrence of Pollabi Police Station Case No. 40 dated 16.02.2013 and prepared sketch map with index, marked as exhibit-30 and his signature as exhibit-30/1 and exhibit-31 and his signature as exhibit-31/1. He recorded statements of two witnesses.

On 16.02.2013 he prepared the seizure list of wearing apparels of victim Razib placed by constable Monsur and he signed the seizure list, marked as exhibit-27 and his signature as exhibit-27/1 and the wearing apparels, marked as materials exhibit-IV series which have been identified by him in court. On 18.02.2013 he handed over the case docket at the order of higher authority. In cross-examination he replied that he went to the place of occurrence at 09:45 pm and remained there till 01:00 am. He replied that the victim along with his one girl friend went out of the house and he did not investigate about Tanzila. He denied the defence suggestions that he took measures not to find out the real clue and diverted the same to the accused persons implicating them falsely and helping Tanzila to flee abroad.

Pw-34 Md. Mainul Islam, an Inspector of Police, deposed that he was in the office of DB [west] on 15.02.2013. On getting news of killing incident he along with senior officers went to the place of occurrence at Palash Nagor. Sub-Inspector Motiur Rahman held the inquest report of deceased Razib Haider. On 16.02.2013 the charge of investigation was endorsed on DB. He officially received the case docket on 18.02.2013 at 09:00 am. At the verbal order he seized the alamots for DNA test of Razib Haider after receiving the same at DB office and prepared the seizure list, marked as exhibit-15 and his signature as exhibit-15/1. He visited the place of occurrence and recorded statements of some witnesses and verified the sketch map along with index which he found correct. On 02.03.2013 he arrested accused Anik and Nafis Imtiaz at 00:40 am [i.e on 03.03.2013] from

Bashundhara, Nayeem Sikder @ Irad at 02:50 am from Dhanmondi Shukrabad, Rumman at 03:00 am from Kakrail and Foysal Bin Nayeem @ Dip at 04:30 am from Malibagh Chowdhury Para and he produced the said accused persons before the court after arresting them consecutively and took them on police remand at the order of the court and further produced all of them before the court on 10.03.2013. All of them made confessional statements before the magistrate and he collected hard copies of the confessional statements.

During investigation of the case he recovered a pair of canvas shoes of accused Anik from the bank of a pond in the circuit house area at the showing of accused Rumman on 02.03.2013 at 19:45 hours. The shoes wearing by Anik was cut little with the blow of accused Dip. The seizure list of which prepared by him has been marked, as exhibit-03 and his signature as exhibit-3/1 and material exhibit-V. At 21:35 hours he recovered [i] one 17" sized chapati made of iron [ii] one 16" knife [iii] two 14" knives in presence of the witnesses from dirty drainage water nearby Sher-e- Bangla Nagar Govt. Girls High School at the showing of accused Rumman and Anik. He prepared the seizure list, marked as exhibit-4 and his signature as exhibit- 4/1 and material exhibit-VI series. In both seizure lists [exhibits-3 and 4] the seizing date was wrongly written as 01.03.2013 in spite of 02.03.2013 in the lower part.

On 03.03.2013 at 11:35 hours he recovered [i] one monitor, BENQ 20" [ii] one PC (premium) [iii] one school black bag [iv] one book along with some photo copies of leaflet [v] NSU ID card in presence of the witnesses from the house of Foysal Bin Nayeem @

Dip at his showing at 446/C Khilgoan Chowdhury Para. The seizure list has been marked as exhibit-32 and his signature as exhibit-32/1 and material exhibit- VII series.

At 12:35 hours at the showing of accused Rumman he recovered [i] NSU ID card of M.A Hasan [ii] one desktop Samsung 20" [iii] a black colored PC [iv] two books written by Sykhul Hadis Mufti from his house situated at 84/3 Kakrail in presence of the witnesses and he prepared the seizure list, marked as exhibit-6 and his signature as exhibit-6/1 and material exhibit-VIII series.

At 20:45 hours in presence of the witnesses he recovered [i] one banglalink empty packet containing number 019-51469571, PIN No. 1234, PIN 2-68 and empty sim card packet [ii] one visiting card good manners in muslim society, in the light of Sura-Al- Huzrat, participant mentioned [iii] three books naming (a)  Shorno Dinar and Royppo Dirham written by Imran Nazar (b) Shasokborgo and its Shasok written by Shiok Abu Ahmed Ashem Al Magdimi (c) Zihad ar Bidhan of Islam written by Dr. Md. Nazibur Rahman (d) A photo of Rana (e) a curriculum CD, Vio data along with a photo of absconding accused Md. Rezanul Azad @ Rana from his house at 82 Block-D, Road No. 05, Bashundhara and he prepared seizure list, marked as exhibit-7 and his signature as exhibit-7/1 and material exhibit-IX.

At 22:30 hours in presence of the witnesses he recovered [i] ID card being No. 093022643, NSU University Student of Maksudul Hasan [ii] one laptop, made in Malaysia [iii] one charger [iv] one black bag [v]  one book named Bandhar Gonaboli written by Junon Shikder Mufti Ibrahim A. Rashid at the showing

of accused Anik from his house at 205, Block-B, Road No. 06, Bashundhara. He prepared the seizure list, marked as exhibit-29 and his signature as exhibit- 29/1 and material exhibit-X series.

On 05.03.2013 at 15:15 hours in presence of the witnesses he recovered [i] one laptop [ii] one charger [iii] one book named Kitabul Towhid written by Jashim Uddin Rahamani at the showing of accused Md. Nayeem Shikder @ Irad from his rented house at 18, Shukrabad and he prepared seizure list, marked as exhibit-10 and his signature as exhbit-10/1 and material exhibit-XI series.

At 20:35 hours at the showing of accused Dip he recovered one cash memo containing  ‛Sales World Symphony’ at 16 Malibagh Chowdhury Para, serial No. 5751-5888 where at page 5768 Mr. Abdullah has

been mentioned and B4 mobile symphony four sets

each cost at 1370x4= 5480/- from the shop owner Md. Shorif Uddin. He prepared seizure list, marked as exhibit-16 and his signature as exhibit- 16/1 and material exhibit–XII series.

At 23:05 hours he seized [i] SAF Record Card mobile Sim Nos. 0195-1469570, 0195-1469571, 0195-1469572 and 0195-1469573 selling cash memo, each at cost of Tk. 520X4=2080 placed by salesman Md. Akram Hossain at ME Enterprise, ka 24/1, Kalachandpur. Seizure list has been marked as exhibit- 8 and his signature as exhibit- 8/1 and material exhibit–XIII series. Accused Dip purchased this sim cards from salesman Md. Akram Hossain.

At 23:35 hours at the showing of accused Nafis Imtiaz he recovered [i] a book named Kitabul Akaid, written by Jashim Uddin Rahmani [ii] one black colored HP laptop along with black bag [iii] one ID Card of

Nafis Imtiaz, and NSU student bearing No. 1020009030 from his house at 317, Road No. 12 Block-C, Bashundhara. In presence of the witnesses he prepared seizure list, marked as exhibit-11 and his signature as exhibit- 11/1 and material exhibit–XIV series.

On 13.03.2013 at 12:05 pm he received from DB office [i] one mobile set ZTE Model ZTE S170 made in China MEID [DEC] 270113181101307877 sim city cell recovered from accused Rumman [ii] one mobile set NOKIA IMEI No. 353279105163089415 recovered from Nafis Imtiaz [iii] one Symphony FT 37 IMEI-354233051183894 recovered from accused Foysal Bin Nayeem [iv] one SAMSUNG Mobile set, GT C3262, IMEI No. 354910050346834 belongs to mother of Dip, [v] one Samsung mobile model No. GT S58301 made in China, IMEI No. 353632051247909 recovered from accused Anik, [vi] one Nokia X-2 IMEI No. 352441058638420 made in China, banglalink which recovered from accused Nayeem Shikder @ Irad, [vii] one Symphony mobile set, IMEI No. 356851032961837 attached with Banglalink sim. Taking signatures from the witnesses he prepared seizure list, marked as exhibit-5 and his signature as exhibit-5/1 and material exhibit–XV series.

On 13.08.2013 at 16:35 hours he seized [i] Unmukto Torbari 25 copies [ii] Phikhuz Zakat 31 copies [iii] Kitabul Iman 7 copies [iv] Tazkiatun Nufuz 255 copies [v] Chi ta Aluf Ma Allah 120 copies [vi] Sieam and Eid 33 copies [vii] Islam ar Nama Zihad 1 copy [viii] Towhider Mul Shikkha 70 copies [ix] Kitabud Doa 236 copies [x] Kitabus Sawom 51 copies [xi] At-tiboiyan 93 copies [xii] Sob-e-Borat 75 copies [xiii] Tamtitatun Nufuz 11 copies [xiv] Moron-er ageh

pore 3 copies [xv] Prosnouttor-Kitabuz Zakat 33 copies [xvi] Byat o mirate mustakim 5 copies [xvii] Kitabul Hujj 32 copies [xviii] Kitabul dawah 57 copies [xix] Din Kaiyem ar sothik path 3 copies [xx] Oder Mritho bolo na 9 pieces, written by accused Jashim Uddin Rahamani. [xxi] One broken computer CPU [xxii] One DELL Monitor [xxiii] One Samsung Monitor and [xxiv] CD, DVD set 120 pieces and prepared seizure list, marked as exhibit-13 and his signature as exhibit-13/1 and material exhibit–XVI series upon taking signatures from the witnesses and he recognized all the material exhibits in court.

On 15.08.2013 he arrested accused Sadman and also took him on police remand for six days and collected hard copy of confessional statement made by Sadman on 20.08.2013. Accused Jashim Uddin Rahmani was also shown arrested by him on 27.08.2013 and took the accused Jashim Uddin Rahmani on police remand and collected hard copy of the statement after his confession dated 02.09.2013 and recorded statements of witnesses under section 161 of Cr.P.C and handed over the case docket on 12.09.2013 at 09:35 pm. All the alamots which he recovered and seized, have been recognized by him in court.

In cross-examination he replied that he examined the informant about victim’s girlfriend Tanzila who left Mirpur after having tea and informant could not say when Tanzila started coming towards their house at Palash Nagor and he examined Tanzila at DB office. He recorded statements of witnesses namely, Md. Akram Hossain Mithu, Md. Mustafa, Manik Kormoker on 02.06.2013 and Golam Kibria, Rina Akhter and Abdur Rashid on 10.08.2013 under section 161 of the

Cr.P.C. During his investigation he could not seize Bicycle, cricket bate stamp and musk. He did not arrange for holding TI parade to identify the accused. He recognized 13[thirteen] seizer lists, 7[seven] confessional statements recorded under section 164 of the Cr.P.C, 15[fifteen] statements recorded under section 161 of the Cr.P.C and the alamots of seizure lists in court. He denied the defence suggestions that he being biased by Tanzila falsely implicated the accused persons in the case and did not investigate the case properly.

Pw-35 Nibaron Chandra Bhormon deposed that he was on duty as police inspector at DB [west], Dhaka on 15.02.2013. He examined and analyzed the docket of this case after handing over to him on 13.09.2013. He also visited the place of occurrence and examined informant, inquest report, autopsy report and recorded statements of some witnesses. Having found prima facie case he submitted charge sheet No. 26 dated 25.01.2014 against eight accused persons before the court and he informed the informant about the investigation result of the case and he also examined mobile call lists.

In course of cross-examination he replied that he did not try to examine Tanzila before 19.10.2013 but he met Tanzila while he was one of the members of the team. One day after the incident he saw Tanzila at DB office staying for one hour and the higher officials took notes of her query. He interrogated Tanzila about her coming out of house of the victim. He denied the defence suggestion that he overlooked the event of Tanzila to extract real clue of the incident. He investigated as to whether parents in law were alive at the time of occurrence. Members of

Intel-Group went to Shahbagh Gonojagoron Moncha on 09.02.2013 and started looking for Thabababa, for which there is no witness. There is no witness that the accused used to go to Markus Mosque for prayer every Friday. He did not record any statements of witnesses of seizure list residing around the mosque. DNA test was not done regarding holding hair in hand by the victim as the same had belonged to the victim, not to female. In the house three persons including Razib resided together which he found during investigation. He denied the defence suggestions that he got no culpability of the accused in the investigation, only on the basis of statements under sections 161 and 164 of the Cr.P.C he submitted charge sheet against them. It is not true that investigator Mainul Islam was dropped from the investigation because of comments and writings against

him published in several news papers. At that time none was transferred. His supervising officers were Deputy Commissioner, Monirul Islam, Mollah Nazrul, Additional Police Commissioner Mosiur Rahman and Assistant Police Commissioner Towhidul Islam who have not been made witnesses in the case. He denied the defence suggestions that to satisfy the media he submitted charge sheet against the accused persons and Razib was practically an arrogant person who had many girl friends including Tanzila would have to be brought into investigation for getting real clue of his murder.

Having gone through the FIR, charge sheet, evidence of the witnesses, confessional statements of confessing accused, impugned judgment of the trial court and other connected documents on record wherefrom it transpires that absconding accused Rana,

who was a student of North South University [NUS], belonged to the ideology of Islamic chhattro shibir and he being instigated by accused Sykhul Hadis Mufti Mohammed Jashim Uddin Rahmani, initially used to inspire the other accused persons at the prayer room

of NSU to destroy those who demeaned Islam and Prophet Mohammad [S]. This absconding accused Rana often gave lessons to those on the university campus. Eventually, he invited them to attend Markus Mosque at Bosila for hearing Islamic governance during Khutba [sermon] on Friday by said Pesh Imam Rahmani. In the year 2012 Rana told them that some bloggers made criticisms against Prophet Mohammad [S]  posting on facebook and he supplied those criticisms to them collecting from internet. In the month of January he informed them about a blogger titled as ‘Thabababa’ who wrote against Prophet Mohammad [S] demeaning him and they recognized blogger Thabababa with his picture and shared the same to each other.

At one stage they made the plot to kill him after being indentified because of criticism against Prophet Mohammad [S]. In the month of February, 2013 they came to know from ‘facebook status’ that Thabababa used to visit Shahbagh Projonmo Chottor. To identify him they established a branch named as ‘Intel-Group’ and for directly killing him they also made another branch named ‘Execution-Group’. Accused Md. Ahsan Reza @ Rumman, Md. Maksudul Hasan Anik, Md. Nayeem Shikder Irad have been made members in the ‘Intel-Group’ while accused Md. Foysal Bin Nayeem @ Dip, Maksudul Hasan Anik and Redwanul Azad @ Rana have been made members of ‘Execution-Group’. Among them Rana was in the leading role, who had connection through cell phone with one Nafis residing in America. Nafis also used to motivate Rana from America. Rana also used to motivate others to kill blogger Razib in the name of religious obligation as Razib was working against Islam. Rana assured them not to feel scared as they had judges, magistrates, police, higher officials and electronic and print media persons with them.

Rana gave them assurance that news papers and media would publish news in such a way that no one could understand that the blogger Razib had been killed by them. According to the plan, members of the Intel- Group having gone to Shahbagh recognized blogger Razib on 10.02.2013. Intel-Group member-Md. Ahsan Reza Rumman followed blogger Razib boarded bus riding on his bicycle up to Mirpur-10 inter section but in vain. On 12.02.2013 Razib’s home at Pollabi was recognized. In order to rake over the house and movement of Razib, Intel-Group played cricket at 11:30 am on the street on 14.02.2013. To make the killing mission successful Anik purchased two chapati and four knives. Dip and Rana purchased four unregistered banglalink sims at a cost of Tk. 520/-. They also purchased four symphony mobile sets from ‘Sales World Symphony’ at Malibagh. In the cash memo they mentioned purchaser’s name as one Abdullah. At evening Rana distributed mobile phones to Dip and Rumman. On 15.02.2013 Rumman, Sadman, Irad and Nafis, members of the Intel-Group, were waiting in front of Razib’s house and they informed Rana about Rajib’s movement throughout the day. In the afternoon Rana and Anik went to the house of Dip at Khilgoan with chapati and knives. Dip, Rana and Anik reached the scene at the evening of getting information from Intel-Group.

It was 08:45 pm when Anik was carrying chapati and knives in bag while Dip had a school bag on shoulder. At about 08:50 pm Intel-Group member Rumman informed Rana that Thabababa was going towards his residence. Then Rana, Dip and Anik made themselves ready to kill Razib. Anik handed over a chapati to Dip from his bag keeping a knife in his hand. On pushing Dip, Rana pointed at Razib. Dip then in order to separate Razib’s head dealt a blow with chapati. Getting hit Razib fell near the wall then Dip dealt more blows on him. One blow cut canvas shoes of Anik who, in fear, went to a distant place. Thereafter, Dip again dealt two more blows one by one on the upper body of Razib. Locals from surrounding areas started shouting. On hearing hue and cry at the killing incident from locals, the accused persons fled away leaving the chapati and knife near the incident

place from their hands. Immediately after the occurrence, locals came to the victim and found him dead with blood stained wounds lying on the street. Within half an hour police also came to the spot and held inquest report of dead body of the deceased and sent the same to Dhaka Medical College for autopsy.

The informant, father of the victim, lodged the FIR [exhibit-1] with the Pollabi Police Station at 04:20 am. He [pw-01] is not an eye-witness to the occurrence. He was found present at the scene at 11:30 pm on the dreadful night of the incident. Description of the incident he stated in his ejahar after hearing from pws-02, 03 and 16. Question of his living outside reasonably shown by him, is justified to the effect that his work-place was at Kapasia, Gazipur. This witness heard and saw the place of occurrence regarding his son’s killing in front of his house at

Palash Nagor and the same thing he narrated in his evidence in court. Pws. 02, 03, 16 and 17 are close relatives of the victim. At the relevant time these witnesses were staying around the crime site in their respective houses but they could not see the killing incident directly on their own eyes. Although they are not eye witnesses like pw-01 but soon after incident they rushed to the scene and saw the victim with blood stained wounds lying nearby the wall of the house of pw-01.      

Admittedly there is no eye witness to the occurrence in this case. Pw-01, the informant of the case, did not mention any name even as a suspect in the ejaher. He stated that he heard the incident from pw-16 over cell phone that a killing incident took place by some assailants in front of his house at Palash nagor on 15.02.2013 from 08:30 to 08:45 pm. At Palash nagor’s house his sons victim, pw-03 Newaz Momtaz Haider and his nephew pw-02 Kazi Gulib used to reside. Thereafter, informant and his wife came to Dhaka from Kapasia, Gazipur and heard the entire murder incident from his son pw-03 and relatives. At night at 03:30 am he rushed to the Pollabi Police Station and lodged the FIR at 04:20 am [16.02.2013]. Pw-02 is one of the inmates of the house and also cousin of the deceased. He along with his cousin pw-03 immediately after incident reached the scene and found the victim dead with blood stained injuries lying on the street nearby the wall of their house. Pws-14 and 18 are neighbors and pws-16-17, relatives of the deceased, also came to the spot and saw the dead body with blood stained injuries lying on the street on 15.02.2013 around 08:45 pm.