IN THE SUPREME COURT OF BANGLADESH  HIGH COURT DIVISION

(CRIMINAL APPELLATE JURISDICTION)

Present:

Mr. Justice Jahangir Hossain

          And

Mr. Justice Razik-Al-Jalil

Death Reference No. 06 of 2009

The State

-Versus-

Md. Saiful Islam and one another

                ……..Condemned-Prisoner Mr. Zahirul Haque Zahir, D.A.G with

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

         …………for the State Mr. Md. Shahidul Islam Sarder and

Mr. Jotirmoy Barua, Advocates

    ……..…….for the Informant with

Criminal Appeal No. 577 of 2009

Md. Bulu

      -Versus-

The State

Mr. Syed Mamun Mahbub, Advocate

      …………..for the appellant with

Criminal Appeal No. 846 of 2009

Md. Saiful Islam and another

       -Versus-

The State

Mr. Talukder Ayub Ali, Advocate

    …………….for the appellant with

Jail Appeal No. 106 of 2009

Md. Saiful Islam

           -Versus-

The State

And

Jail Appeal No. 107 of 2009 Md. Feroz Miah

           -Versus-

The State

Heard on: 01-02.11.2015, 04- 05.11.2015, 08-09.11.2015, 11- 12.11.2015, 15-16.11.2015.

Judgment on:  25-26.11.2015, 29- 30.11.2015, and 02.12.2015

Jahangir Hossain, J

In order to confirm the death sentence under section 374 of the Code of Criminal Procedure [hereinafter referred to as Cr. P.C] the learned Judge of Druto Bicher Tribunal No.03, Dhaka referred this matter to the High Court Division and subsequently the same has been numbered as Death Reference No. 06 of 2009. Having concluded the trial the learned Judge of Druto Bichar Tribunal, Dhaka found accused persons namely Md. Saiful Islam and Firoz Alam guilty of the charge leveled under sections 302/201/34 of the penal code sentencing them to death. The learned trial Judge also found accused Bulu Miah guilty of the charge under sections 201/34 of the Penal Code sentencing him to suffer rigorous imprisonment for a period of 5[five] years with a fine of Taka 5,000/-, in default, to suffer rigorous imprisonment for 1[one] year more.

Condemned prisoners Md. Saiful Islam and Firoz Alam thereafter preferred Criminal Appeal No.846 of 2009. They also filed two Jail Appeals bearing Nos. 106 of 2009 and 107 of 2009 respectively. Accused Md. Bulu Miah as appellant filed a Criminal Appeal No.577 of 2009 separately.

As the matter has been arisen out of the judgment and order passed by the learned Judge of the Druto Bichar Tribunal No.03, Dhaka in Druto Bichar Tribunal Case No.31 of 2008 arising out of Dhanmondi P.S case No. 61(1) 2008, corresponding to G.R No.61 of 2008, the Death Reference no.06 of 2009 along with criminal appeal Nos. 846 of 2009, 577 of 2009 and jail appeal Nos. 106 of 2009 and 107 of 2009 have been heard together and are being disposed of by this single judgment. 

The prosecution case as described in the FIR, in brief, is that on 17.01.2008 one Mrs. Firoza begum lodged an ejahar with Dhanmondi police station alleging inter-alia that her eldest son Dr. Mufakkharul Ahmed alias Sohel was serving as registrar in the surgery department of Bangladesh Medical College Hospital at Dhanmondi. On 11.01.2008 around 8:30 am he left the house for his working place but did not come back home thereafter. They suspected that in order to financial gain her son was abducted and disappeared by assailants. On quarry, the security guard told that before missing incident, caretaker Md. Saiful of the house sent him to fetch cigarette from shop in the late night at about 3.00 to 3:30 am and thereafter Saiful got down again from the 3rd  floor of the house looking for someone around 5:45 am. At about 9.00 am having sent guard Mohiuddin again to the shop for bringing breakfast, Saiful went out with vehicle [private car] and sometimes after, he came back with the said vehicle. On the same day around 12:00 am Saiful left the house in the name of towards Gazipur. It was further described by guards and others that on 10.01.2008 in the evening Firoz, cousin of Saiful, was seen roaming in front of the house. Nevertheless, the informant came to know from mobile calls that Saiful had conversations with his close one Shaheen for last few days although she heard about her son Dr. Sohel’s departure to Bangladesh Medical College Hospital in the morning of 11.01.2008 but it was not sure of her son’s departure from the house asking each and everybody. After having such information she suspected that in order to gain over, caretaker Saiful, his cousin Firoz and Shaheen abducted and disappeared her son in a pre-planned manner. She was in American when the occurrence took place. She came back from America on 16.01.2008. Knowing the

Upon receiving the ejahar police registered Dhanmondi Police station case no.61 dated 17.01.08 under sections 364/34 of the penal code. Thereafter, police started investigating the alleged incident and during investigation police apprehended the accused and recovered three limbs of the dead body of the deceased, blood stained wearing apparels and weapons pointed out by the accused themselves. The investigating officer arranged for recording confessional statements of two accused persons under section 164 of the Cr. P.C and also visited the places of occurrence, prepared seizure list of weapons used in the killing of the victim, sketch maps with separate index thereof, examined the witnesses and recorded their statements under section

161 of the Cr. P.C and after conclusion of investigation submitted charge sheet being no.118 dated 17.03.2008 against the present condemned prisoners and one co- convict under sections 302/201/34 of the Penal Code as a prima face case was found.

 It is to be noted here that two limps of the dead body were recovered from Karatoya River and Shimul Toli respectively. Trunk of the dead body was recovered from Karatoya River under Fulhaar village. In connection with recovery of trunk of the dead body a case being Gobindagonj police station case no.28 (1) 2008 was started by an order of the concerned court below and that case was subsequently merged with the present case after submitting final report [true].

It is also mentioned here that a GD entry being no. 802 dated 12.01.2008 was lodged with Dhanmondi police station by Bangladesh Medical College Hospital authority about the missing incident of the deceased. When the case was ready for trial, it was transmitted to the Metropolitan Sessions Judge, Dhaka, who took cognizance of the offence and sent the case to the Additional Metropolitan Sessions Judge, 2nd Court, Dhaka for trial and disposal. Thereafter, it was transmitted to the Druto Bichar Tribunal, No. 03, Dhaka, by dint of Bangladesh gazette SRO No. 121 Ain, 2008 dated 28 May, 2008, under section 6 of the Druto Bichar Tribunal Ain, 2002 and Rule 18(1) of Emergency Power Rules, 2007. 

The learned Judge of the Druto Bichar Tribunal framed charge against the 3[three] accused as under:

Summary charge: That on 11.01.2008 at mid night the accused [1] Md. Saiful Islam [2] Md. Firoz Miah and [3] Md. Bulu in collusion with each other killed Dr. Md. Mufakkharul Ahmed alias Sohel, son of Dr. Mozaffar Ahmed and Mrs. Firoza Begum in a pre- planned manner at house no. 775, Sat Mosjid road, 3rd floor under Dhanmondi police station. Dead body was cut into three pieces which were packed in suitcase and

sack in order to disappear and were taken to Palash Bari Police Station areas under Gaibandha District through Shaymoli Bus. The trunk and lower portion of the dead body were dumped under water of the Karatoya River and amputated head was dumped under banana tree at Shimul Tola. Three pieces of amputated dead body and some blood stained clothes were recovered from the above mentioned places at the showing of the accused and thereby, charge has been framed against the accused under sections 302/201/34 of the Penal Code.

The said charge was read over and explained to the accused present to which they pleaded not guilty and claimed to be innocent in the trial and demanded justice. 

In the event of proving this charge leveled against them, the prosecution side examined as many as 34[thirty four] live witnesses in the case, while defence examined none.

On closure of evidence of the prosecution witnesses, the accused on dock were examined under section 342 of the Cr.P.C. This time they also reiterated their innocence.

The defence case as it transpires from the trend of cross- examination of the prosecution witnesses that the accused are innocent and they are not involved with the murder incident. In order to gain over property and money of the deceased any third party might have abducted and killed him subsequently. At the instigation of third party, the prosecution implicated them falsely in the case screening the real fact of the incident. It also appears that the defence tried to take a plea that second wife’s son of the father of the deceased might have been involved in the killing for grabbing the property as well and they also tried to say that the deceased had an affair with one school teacher named Setu who might have been involved in the killing of the victim.     

Having considered the facts, circumstances and the evidence on record the trial Judge of the Druto Bichar Tribunal no.03 Dhaka convicted and sentenced the present condemned prisoners to death and another one for five year’s rigorous imprisonments as stated above.

Being aggrieved by and dissatisfied with the impugned judgment and order of conviction and sentence dated 21.01.2009 passed by the learned Judge of Druto Bichar Tribunal No.03 Dhaka, condemned prisoners namely Md. Saiful Islam and Md Firoz Miah as appellants filed Criminal Appeal No.846 of 2009 in a single petition and they also separately preferred Jail Appeal Nos.106 of 2009 and 107 of 2009 respectively. Accused Md. Bulu Miah as appellant filed a Criminal Appeal No.577of 2009 separately.

Mr. Md. Zahirul Haque Zahir, learned Deputy Attorney General, along with Mr. Md. Atiqul Hauqe [Selim], Assistant Attorney General assisted by Md. Shahidul Islam Sarder and Jatirmoy Barua, learned Advocates, appeared on behalf of the respondent [The State] supporting the Death Reference and opposing the Criminal Appeals as well as Jail Appeals.

They first placed before us the FIR, charge sheet, impugned judgment and order dated 20.01.2009, the testimony of prosecution witnesses, confessional statements of condemned prisoners, inquest reports, post-mortem reports and other relevant papers available in the paper book. Thereafter, the learned Deputy Attorney General contends that:

[a]  The prosecution could establish its case against

the condemned prisoners and one co-convict beyond all reasonable doubt and as such there is nothing to show by the defence to interfere by this Court with the impugned Judgment and order of conviction and sentence dated 20.01.09 passed by the learned Judge of the Druto Bichar Tribunal.

[b]       There are sufficient evidence against the

condemned prisoners and another to show that they

were real perpetrators in the killing of the victim and disappearance.

[c]           Confessional statements of condemned

prisoners Md. Saiful Islam and Md. Firoz Miah are absolutely inculpatory in nature and that these confessional statements are also voluntary and true. Learned DAG has referred to the decision in the case of Islam Uddin -Vs- State, reported in 13 BLC [AD]81. He further submits that there is no cogent ground to disbelieve their confessional statements which had been completed following all provisions of sections 164 and 364 of the Cr. P.C before it was recorded under section 164 of the Cr.P.C.

[d]    Time, place and manner of the occurrence

have been proved by the prosecution evidence beyond reasonable doubt and there is no single discrepancy in the evidence of the prosecution witnesses as to time, place and manner of the occurrence.

[e]       Both the confessing accused [condemned

prisoners] directly played heinous role in the death of the victim in a pre-planned manner. They never hesitated to amputate the dead body into three pieces and as such the learned Judge of the Druto Bichar Tribunal rightly found them guilty of the offences under sections 302/201/34 of the Penal Code and sentenced them there under.

 He further contends that their act and conduct in the commission of offences are so heinous that does not deserve any kind of sympathy from the court upon them. 

In support of these submissions learned Deputy Attorney General has referred to the decisions in the cases of Abed Ali -Vs- the State, reported in 42 DLR [AD] 171, Bakul Chandra -Vs- State, reported in 45 DLR [AD] 260, and Hazrat Ali and others -Vs- State, reported in 44 DLR [AD] 51. The learned DAG has further contended that during examination of the accused under section 342 of the Cr. P.C, the condemned prisoners and another did not state anything when the trial Judge invited them to say about their defence plea upon hearing of the incriminating evidence and they were completely silent as to that effect. They only claimed that they were innocent which indicates that they were involved in the commission of offence as disclosed by the prosecution witnesses. In this regard Mr. Zahir has referred to the decisions in the case of Mizanur Rahman and others -Vs-the State, reported in 16 BLD 293, in the case of Nawser Ali Sardar -Vs- State, reported in 39 DLR [AD] 194, and in the case of Khalil Miah –Vs- State, reported in 4 BLC [AD] 223.

Mr. Atiqul Haque [Selim], learned Assistant Attorney General has said adding that Md. Bulu was all through present at the time of disappearance of the evidence i.e. amputated head of Dr. Sohel. He further argues that according to confessional statements of both the condemned prisoners accused Md. Bulu Miah has involvement in disappearance of the amputated head as well as some wearing apparels of the victim and his house. In support of his contention he has referred to the decision held in the case of Dr. A.K.M Akther Azam-Vs-State, reported in 6 BLC-231. Mr. Selim lastly contends that the sentence given by the trial court may kindly be upheld for the ends of justice.        

On the other hand, Mr. Ayub Ali, learned defence lawyer appearing on behalf of the condemned prisoners submits that the prosecution utterly failed to prove the case against the condemned prisoners beyond reasonable doubt.

He argues that it is absurd that only because of filthy language used by the deceased with the condemned prisoner Saiful who could go to the extreme level like committing murder. The entire prosecution story has been formulated exclusively on circumstantial evidence on the basis of confessional statements made by the condemned prisoners and the said confessional statements though have been prayed to be retracted but the same was refused by the trial court. The motive of the murder is so silly that the murder in question could be held by the convicts which created serious doubt over the prosecution story. He has further contended that in the instant case though maid servant Gulshan Maiya and boy servant Generul were named in the charge sheet but they were not produced to give the evidence in support of the prosecution case. Even though defence prayed by filing application before the trial court to summon them for their evidence but it was rejected as well. Therefore, in the absence of vital evidence of the said two witnesses the prosecution case becomes doubtful. In support of this contention, the learned defence lawyer has referred to the decision in the case of the State –Vs- Abdus Sattar and others, reported in 16 BLT [AD] 255. He has argued that there are so many contradictions between the sketch map along with index of the p.w-33 and p.w-34 and

The learned Advocate prays for rejection of the death reference and allowing the Criminal Appeals as well as Jail Appeals and further prays for setting aside the impugned judgment and order of conviction and sentence dated 20.01.2009 so far as it relates to the condemned prisoners. Before conclusion of his argument he lastly prays to the court for showing sympathy upon the condemned prisoners as there are so many contradictions as well as ambiguities in the testimony of the prosecution witnesses. He concludes his argument to the effect that as the condemned prisoners are in the long suffering of the pangs of death in the condemned cell and the ages of the condemned prisoners are of 25 and 27 respectively, they may be exonerated from the highest punishment imposed by the learned Judge of the Druto Bichar Tribunal. In support of this submission he has referred to the decision held in the case of Manik Miah -Vs- the State, reported in 35 BLD [AD] 63.

In support of convict-appellant Md. Bulu Miah none has come forward to argue at the time of hearing of the instant reference. It reveals from record that in favour of the said Md. Bulu Miah an appeal bearing no. 577 of 2009 was presented by learned Advocate Mr. Syed Mamun Mahbub and at the time of admission of the said appeal the convict-appellant Md. Bulu Miah was granted ad-interim bail for a period of 3[three] months by an order dated 24.02.2009 and subsequently it was not extended any more as the convict-appellant did not take further step in this regard. However, at the beginning of hearing of the present reference, this court has summoned the conducting lawyer of the said convict-appellant and accordingly, learned Advocate Sayed Mamun Mahbub expressed his desire to assist the Court in support of his client convict-appellant Bulu Miah but finally he failed to turn up to assist the court during hearing of the appeal filed by him.

We have already narrated that in order to prove the instant allegation and to bring whom the culpability of the alleged accused, the prosecution has placed on record the two confessional statements and also plethora of testimony by examining as many as 34[thirty four] live witnesses in the case.

As the crime as alleged by the prosecution is so heinous in nature and a long history of the crime is involved in the instant case, it would be wise to briefly discuss the evidence adduced by the prosecution witnesses before evaluation and findings, which are as follows:         

Mrs. Firoza Begum, the informant of the case as p.w-1 testified that deceased Dr. Mofakkarul Ahmed Sohel is her son who was working in surgery department of Bangladesh Medical College Hospital as registrar at Dhanmondi, Dhaka. She lived along with her eldest son victim, maid servant Gulshan, boy servant Saiful and another boy named Genarul. The house is five storied but half of the construction of fourth floor is incomplete. They lived in third floor. There is a dental clinic on the ground floor, while office of the Real Estate business organizations and ISIS Health Products are on the first and 2nd floor respectively. She was in America at her daughter’s house when her son went missing and subsequently was killed. On 13.01.2008 her daughter told her to come back to Dhaka. On 16.01.2008 they arrived in Dhaka. On her return in Dhaka she came to know from her daughter that Sohel was not seen in Dhaka since last 11.01.08. Security guard Mahiuddn told on query that he did not see him [Sohel]. She also asked maid servant and guards of first and second floors. All of them told her that they did not see Dr. Sohel going out of the house. Then she suspected that her son [Sohel] did not go out of the house, obviously he had gone missing or someone

disappeared him. From guard she came to learn that Firoz, cousin of Saiful, along with his friend Shaheen was roaming in front of the house in the night of 10 January.  She  asked  her  relatives  and  Saiful  but  none could reply properly.

However, guard informed that Sohel came back home at about 10:30 pm and in the late night at around 3.00  am Saiful sent him to bring cigarette. Taking cigarette Saiful went up stairs and again came down following for some one. He then went up stairs again and came to the ground at 9.00 am sending guard to bring breakfast. Guard saw Saiful going out with vehicle when he came back with breakfast. After a long while Saiful came back. Saiful often drives the car as driver as his master taught him driving. Around at 12.00 o’clock he again came to the ground.

He slept up to 12:00 am after coming back from outside which he [guard] heard from maid servant. When he was going outside guard Mohiuddin asked him where he goes. In reply he said “Gazipur”. Guard again asked him whether he told anybody about his departure to Gazipur. He replied that he told mama [Dr. Sohel]. He used to address Sohel as mama [Uncle].  She suspects that in order to financial gain some people with Saiful are involved in the abduction. Being informed she lodged the case with Dhanmondi police station on 17.01.08  at the evening. On 12.01.08 Bangladesh Medical College Hospital authority also filed a GD entry no. 802 on missing.

On 18.01.2008 around 8/08:30 am her cousin Biddyut Chowdhury from Palash Bari informed that DB police went to Palash Bari along with Firoz. In the evening she came to know that Bulu and Firoz showed the several parts of the dead body of her son. Amputated head from Choto Shimul Tola, blood stained clothes and body were recovered from Karatoya River. Trunk of the dead body was found in Karatoya River on 15.01.2008. She also came to know that DB police arrested Firoz in front of her house. Firoz told that he himself, and Saiful both jointly killed her son and took away the dead body after being packed in sack. On 18.01.08 around 10:00 pm police came with Saiful to her house.

Thereafter, Saiful by his own hands brought out two knives of which one is partially broken, two chapatti of which one is blood stained spot at the top of it wrapped up by old news paper from his bed under a divan in presence of many people in the house and admitted killing of her son with the assistance of Firoz. Police seized the above weapons. Seized vehicle and fan were returned on bond. Ejahar has been marked as exhibit- 01 and her signature as exhibit 01/01. All accused on dock have been identified by her.

In cross-examination she replies that she went to America on 17.11.2007. She has two sons and one daughter. Only Sohel was living in the country. She came to know from her daughter about missing news of

her son after coming back home from America directly on 16 January. She stated in the FIR that on 11.01.2008, Friday at about 8.30 am her son having left the house for Bangladesh Medical College Hospital did not return any more. Such fact she wrote in the FIR upon hearing from someone. She was confirmed on hearing from Daroan [Guard] about her son in not going outside of the house. Father of Sohel was alive. He is a doctor who lives at Mohamadpur with his second wife but he used to come to her house. Sohel was aged of 45 years. Maid servant and boy servant used to sleep in her house. None of the relatives either lodged case nor GDE regarding missing of her son before the ejahar was filed by her. Saiful stayed in her house for about 13/14 years. Because of long stay he knew about many of their family events. He came to her house at the age of 11/12 years. Dead body was found in the River on the date of 16. She has denied the suggestions that in her absence a lady school teacher used to come to her son regularly that

she knew or she has family dispute with her husband and because of that, her son was abducted or third party might have killed her son or on being instruction by informant party she has given false evidence against the accused.

 P.W-02 Md. Ainal Haque deposes that he works as security guard of Everest Holding situated at house no.775, Sat Mosjid Road. On 18.01.2008, DB police brought accused Saiful, a driver-cum-caretaker of Dr. Sohel, to the house after arrest. It was then about 10 o’clock at night, witness Masudur Rahman entered the room of Dr. Sohel along with guard Hazrat Ali. In the presence of many other persons, accused Saiful confessed on being asked about the incident stating that on 10.01.2008, Thursday at night his cousin Firoz gave a blow on the head of Dr. Sohel while he was watching T.V and he [Saiful] having given blows with knife killed Dr. Sohel. After killing they took the deceased into the bath room where they slaughtered his neck and separated the trunk of the body from lower part i.e. legs with chapatti and separated parts of the body of Dr. Sohel were packed in suitcase and sack and put the same under stairs of the house having brought down from up stairs and sent the security guard to bring cigarette from shop at 3 o’clock at night.

 In the meantime, accused Saiful put the amputated parts of dead body of Dr. Sohel in the back hole of the private car. Thereafter, having come back home, he cleaned the blood stained two knives and two chapatti keeping in his using cot by wrapping with sack.

 The next morning at around 9:00 am Saiful along with Firoz driving car went to Shaymoli bus counter at Gabtoli. Taking ticket from bus-counter put the sack and boxes in the luggage box of the bus. Saiful came back home and again went to Hanif counter at Gabtoli at around 12.30 pm. Having collected ticket from there he started towards Palash Bari. He could see Firoz and Bulu waiting for him at Palash Bari and they took sack and suitcase to a banana garden where they dumped the head of Dr. Sohel while trunk of the dead body and legs dumped in the water of the river. Saiful came to Dhaka after having thrown the blood stained clothes into the river. He brought out the weapons from his bedding under a divan by his own hand. Weapons were wrapped up by old Ittefaq newspaper and a genzi. Everybody saw this being present there. DB police seized the two chapatti and two knives having held seizure list. Masudur Rahman, Hazarat Ali and he signed the seizure list which is marked as exhibit-03 and his signature as exhibit-3/1. 24″ knife with wooden butt is marked as material exhibit-I, a blood stained knife containing 3[three] pieces with wooden butt is marked as material exhibit-II, a blood stained chapatti measuring around 15″ with wooden butt is marked as material exhibit- III while an unused chapatti with plastic butt has been marked as material exhibit- IV, copy of ‘Dainik

In cross-examination he has responded that he is doing job as security guard in Everest Holding for about 4 years. Office starts from 9.00 am and ends at 5.00 pm. Their duty is classified by rotation. There is another guard for the same purpose. His name is Hazrat Ali. On 10.01.2008 officers and personnel left the office locking all the rooms. On that day he entered his room after 8.00 O’clock at night. On 18.01.2008 they were in the guard room and DB police took them on call. Prior to that, nobody of the house asked them regarding Dr. Sohel. On 11.01.2008 in the morning at 8/9 hours guard Mohiuddin of Dr. Sohel told him that they were not getting trace of Dr. Sohel. DB Police brought two persons on call. He has denied the suggestions that Saiful did not disclose anything in his presence at night or Saiful did not bring out the chapatti or knife as deposed by him or he has given false evidence against the accused after being tutored by RAB or Police.

P.W-03. Md. Hozrat Ali has testified that he has been deployed as guard in Everest Holding of house no. 775, Sat Mosjid Road, Dhanmondi. Dr. Sohel was traceless from 11.01.2008. Abdul Mannan, driver of Dr. Sohel’s private car, searched at different places and informed his relatives. On 18.01.2008 at 10.30 pm DB police came to the house of Dr. Sohel along with Saiful. DB police along with Ainal and he himself asked Saiful whereabouts the weapons hidden by him to bring those out.

Then, Saiful brought out two knives and two chapatti covered with old news paper and genzi from under the mattress. At that time DB police, Ainal Haque, mother, sister, relatives and friends of Dr. Sohel and many others were present. In the presence of all, Saiful confessed that on 10.01.2008 at 12.30 hours at night while Dr. Sohel was watching T.V in the drawing room, Firoz gave a knife blow on the head of Dr. Sohel which was missed and at that moment Saiful gave a knife blow in the abdomen of Dr. Sohel and pressed on his mouth with bed cover and he died on the spot.

Wrapping the dead body in bed cover was taken to bath room where Saiful amputated head, trunk and legs [lower portion of the body] of Dr. Sohel with chapatti. Then the same was packed in sack and suitcase covering with polythene. Thereafter, Saiful and Firoz cleaned the blood of drawing room as well as bath room. At about 3 ½ O’clock at late night packed dead body was taken to the bottom of the house by Saiful who sent guard Mohiuddn for bringing cigarette from shop. Upon getting such scope Saiful and Firoz put the packed dead body in the back hole of the private car of Dr. Sohel. Then they went up stairs of the house. At about 9.00 in the following morning Saiful and Firoz went to Gabtoli by private car. Having collected ticket of Shaymoli bus, they put the sack and suitcase of the dead body in the luggage box of the bus and Firoz left for Palash Bari in that bus. Saiful, Firoz along with Bulu dumped the head of Dr. Sohel under banana tree and trunk and legs under water of the river and threw the blood stained apparels into the river. Thereafter, Saiful came back home. Saiful  made this statement in the presence of DB police who seized chapatti, knives along with old newspaper and prepared seizure list. His signature is marked as exhibit 3/2. He has identified accused Saiful, Firoz and Bulu in the dock. 

On cross-examination he replies that he worked as guard at house no.775 for 2[two] years. 10.01.2008 was Thursday, on that day office was open up to 09:00 pm from 09.00 am. On 10.01.2008 from 06.00 am to 2.00 pm he was on duty. He received the missing news of Dr. Sohel from guard Mohiuddin at 03.00 pm. They are three guards in number having shifting duty. On 18.01.2008 Ainal and he were present while Tariqul was outside. Having come to the place, DB police called them. Mother of Dr. Sohel was not in the house on the day when he received the missing news. Maternal uncle, aunt and friend Mahabub came on 11.01.2008 before mother of Dr. Sohel returned on 16.01.2008. He has denied the suggestions that Saiful used to collect rent as caretaker from the tenants who had altercation with him or on 18.01.2008 Saiful did not state anything regarding killing of Dr. Sohel in their presence or he has given false evidence. 

P.W- 04 Md. Mohiuddin deposes that he had been in service as guard for the last 13 years at house no. 775, Sat Mosjid Road. He used to look after main gate of the house. There were maid servant named Gulshan, a domestic help named Generul and another domestic help cum-caretaker Saiful.

Dr. Sohel and his mother used to stay in the house. On 10.01.2008 Thursday, Dr. Sohel returned from Bangladesh Medical at about 10.00-11.00 pm. He [witness] opened the gate. After his return Abdul Malek, an employee of Bangladesh Medical came to meet him going upstairs. After a while Kollan, a friend of Dr. Sohel, came to meet him. About 15/20 minutes later, Abdul Malek left getting down while he [witness] opened the gate. Having shut down all gates he laid in his bed in the garage where vehicle retained. Saiful called him at night then he woke up from bed. Saiful told him to bring cigarette for mama [Dr. Sohel]. Having verified by asking Saiful, he brought cigarette within 10/11 minutes. It was at about 3 or 3½ hours at late night.

Saiful then left for upstairs locking collapsible gate. He [witness] also went to garage and lay in bed locking the main gate. On 11.01.2008 morning at 5.45 am Saiful got down on the ground. In response to a query, Saiful replied that a guest would come, and he had to drop him. He waited for 10/15 minutes there and again went upstairs. Thereafter, at around 8.45 am he went upstairs to have breakfast and key for washing private car. Domestic help came forward as he made calling bell. When he asked to give him key and breakfast, then Saiful was coming towards him with key of the private car.

Saiful told him that he was going outside for important work and there was no scope to wash vehicle now. Then he returned to down stairs. At about 9.00 O’clock in the morning Saiful got down from upstairs and asked him to bring breakfast from shop as he did not have breakfast in the house. Saiful told further that guest would come, breakfast was required quickly.

He then went for bringing breakfast. Having brought the breakfast within 10/11 minutes he asked Romesh at the gate about the private car. In reply, he told that Saiful took away the car. He then asked Romesh whether Doctor [deceased] went with him. Then he told that Saiful went alone. At about 10.00 am Saiful came back home with private car. He then told Saiful that he brought breakfast asking him to take.

Saiful then went upstairs with breakfast. Within a moment he came back and asked him where mama [Dr. Sohel] went locking door. He replied ‘do you have key’ you enter inside the house by opening the door with key.  He  [Saiful]  asked,  did  you  not  see  mama  going outside. Saying this he went up stairs. He asked him where he was going as he had come down stairs again. He replied, he would go to Gazipur. He then asked him, did you tell Dr. Sohel? He said yes. He asked about it twice. He replied in a same voice. He started towards Gazipur without car. He [witness] took lunch at about 3.00 o’clock after bringing the same from outside. His brother Mannan driver came to him at 9.00 pm who made call through mobile to Dr. Sohel. It rang once, and then switched off. He got switched off ringing it twice more. Getting the mobile phone’s switched off Mannan presumed that he was in the operation room, telling such he left the place. Dr. Sohel did not return home on 11.01.2008 till 3.00 at night, he then went for bed. On 12.01.08 Saturday in the morning, he went to Bangladesh Medical College Hospital to find him. He asked Dr. Khaled stating that he did not see Dr. Sohel going outside from house and did not return home. He [Dr. Khaled] rang him again telling that he rang in the morning once but switched was off. Mannan also made call to him but he also found switched off. Dr. Sohel himself did not ring to his house. His mother was not in the house. She went to her daughter in America. He requested Dr. Khaled to do something quickly. Mother of doctor Sohel came back home from America on 16.01.2008. Sajib, Mahbub, friends of Dr. Sohel and his peon Rahim came on her return from America. Driver Mannan came getting message. Mahbub and Sajib with vehicle left the house in order to inform the relatives of Dr. Sohel. Dr. Sohel’s peon made a mobile call to Saiful but he did not respond though it was ringing. In such a situation at about 1/1.30 pm Saiful came back by a rickshaw. People present there asked him where he had

DB police took Saiful along with Ainal and Hazrat to the house on call. Other witnesses told him that Saiful in their presence confessed the occurrence stating that he along with Firoz had killed Dr. Sohel. Firoz gave a blow first and then Saiful in the abdomen. Trunk and legs were dumped in Karatoya River while head was dumped under banana garden at Palash Bari. Saiful brought out two knives and chapatti [dagger] by his own hand from under cot which he used as his bedding. Head of a knife was broken. Witnesses told him further that in their presence Saiful brought out the weapons covered by newspaper and admitted that they both chopped the dead body taking to bath room into 3[three] pieces like head, trunk and legs. They put three portions of the dead body under staircase after being packed in briefcase and sack. When he went to bring cigarette, then they put the same in the back hole of the private car in order to take the same to Rangpur which Saiful admitted in presence of the witnesses. He has identified Saiful and Firoz in the dock.

In cross-examination he has replied that he is known to the family members and relatives of Dr. Sohel as he served for last 13 years. They have two brothers and one sister. On 10.01.2008, Thursday Dr. Sohel came back home at around 10.00 to 11.00 pm. He opened the gate. Having down from upstairs Saiful asked him for bringing cigarette. He did not ask Saiful whether mama [Dr. Sohel] was sleeping. Dr. Sohel used to smoke cigarette.

On 12.01.2008 at 07.30 to 08.00 am he went to Bangladesh Medical College telling Dr. Khaled that he did not see at what time Dr. Sohel went out of the house on friday. He rang but phone switched was off and the same he got thereafter. They came under anxiety. He then told him to take necessary measure. He heard from Dr. Khaled about filing of GDE. Police asked him on 18.01.2008. When mother of Dr. Sohel came then Saiful was not there. He has denied the suggestions that on 10.01.2008 at late night Saiful did not send him to bring cigarette from paddler or Saiful did not tell him to bring breakfast in the morning on 11.01.2008 or he has given false evidence on being tutored as he worked in that house.

Maksudur Rahman as P.W- 05 testifies that deceased doctor Mofakkharul Ahmed Sohel was his nephew. They were not getting his [Sohel] trace since 11.01.2008 and they searched at different houses of their relatives as well as friends. His sister returned to Bangladesh along with her daughter on 16.01.2008. Her daughter’s name is Tanjina Ahmed Mila. On 17.01.2008 his sister lodged FIR. Saiful worked in her sister’s house since his boyhood. On 18.01.2008 they along with mother, sister and aunt of Dr. Sohel were talking about his murder. In the meantime, they heard that Saiful and Firoz both jointly had killed Dr. Sohel. First of all Firoz gave a blow on the head of Dr. Sohel with knife and then Saiful pressed the mouth of Dr. Sohel and gave many blows on different parts of the body with knife. His body had been amputated into three pieces taking the same to the bath room after being killed. Thereafter, parts of the body were packed in briefcase and bag. Guard was sent to bring cigarette at about 03.00 o’clock at night. In the meantime, three pieces of the dead body were put in the back hole of the private car. At 9 o’clock Saiful went to Gabtoli taking the vehicle. Firoz took the pieces of the dead body packed in bag to Palash Bari by a Shaymoli Bus. Saiful returned home with vehicle. He again went to Palash Bari in a Hanif bus at 12.00 am. After going there Saiful, Firoz and Bulu all of them hid

In course of cross-examination he has replied that Dr. Sohel was the son of his sister. Father of Dr. Sohel got married to another lady and they lived in Mohammadpur. His brother-in-law [Dr. Sohel’s father] is also a doctor who got married second time about 10/12 years back as per consent of his sister. He does not know why consent has been given by his sister. Dr. Mahbub informed him about his nephew’s missing as he was known to him on being friend of Dr. Sohel. Dr. Sohel and Dr. Mahbub both together used to read in Rangpur Medical College. He has denied the suggestions that Saiful did not bring out two knives and two chapatti covered by Ittefaq paper and old genzi from hiding place under a divan or during preparing the seizure list deceased’s sister Tanjina Ahmed Mila put question to Saiful, ‘why did he kill her brother’ or Saiful told them that he killed mama [Dr. Sohel] urging to give him any punishment, which he would accept under any circumstances or they knew about Dr. Sohel abducted by third party ignoring such facts they did not lodge FIR before his sister returned from America and at the instigation of third party he has given false evidence against the accused.

P.W-06 Dr. Md. Mahbub Hossain states that he is a friend of Dr. Mofakkharul Ahmed Sohel. On 12.01.2008 at about 09.00 am at first driver Mannan and then Sohel’s friend Dr. Sonjib Kumar Roy informed him over telephone that the trace of Dr. Sohel was not getting since 11.01.2008 morning. He had reached the house of Sohel at about 10-11 am. He talked to Mohiuddin who told him that they were not getting trace of Dr. Sohel. By this time Dr. Sonjib Roy and driver Mannan reached there. Thereafter, he along with others went to Bangladesh Medical College and had talks with Dr. Khaled, a colleague of Dr. Sohel who told that he once rang him through mobile phone getting switched off. Having talked with Khaled he along with driver Mannan went to the house of Dr. Sohel’s aunt. He informed aunt about missing news of Sohel. By this time one Titu from Sohel’s house informed them that Saiful has come. They came back to the house of Sohel after informing aunt to give information to other relatives. On 16.01.2008 Sohel’s mother returned home from America. On 17.01.2008 his mother filed a case with Dhanmondi police station. On 17.01.2008 at noon DC of DB came to the house of Sohel and had talks with his mother to know the fact of the occurrence. He was present there at the relevant time. DC of DB told him to let it know over telephone if they find any clue. He had seen Firoz in the house of Sohel on 17.01.2008 at evening. Thereafter, he made phone call to DC, DB who sent an Assistant Commissioner along with some police personnel and they left with Firoz after having talked with him. On 18.01.2008 DC, DB informed him over telephone that Firoz admitted about the murder

and according to his confession head of Dr. Sohel was recovered from Shimul tola under Palash Bari. On 18.01.2008 at about 09.00 pm DB police brought Saiful to the house of Sohel through opening gate and started searching the house after Saiful was set on a mora. Saiful brought out two packets covered by news paper and a genzi kept under a divan of which two knives in one packet and two chapatti in another packet found. At the time of departure of DB police Sohel’s younger sister Tanjina Ahmed Mila asked Saiful as to why he killed her brother. Saiful then bended his head first and started dropping tears from his eyes. Thereafter, he confessed that in a pre-planned manner he along with Firoz killed Sohel. Thereafter, DB police got down along with Saiful and they examined and seized the vehicle of Sohel used by Saiful after killing. On 18.01.2008 around 22.30 hours sitting in the drawing room of Sohel DB police prepared seizure list of vehicle no. Dhaka Metro-Ga-13- 9596, a white colour stand fan having five drops of blood at its different places and a blood stained copy of list of bazaar dated 09.01.2008 seized which is marked as exhibit no.04 and his signature as exhibit 4/1. The car was in the compound of the court. He has also identified accused Firoz and Saiful in the dock.

In cross-examination he replies that driver Mannan and Dr. Sonjib informed him over telephone about the missing news of Sohel at 09:00/9:30. Getting such news he went to Sohel’s house one hour later. He along with Sohel’s friend Sonjib and driver went to Bangladesh Medical to know whereabouts of doctor Sohel as he served in that medical. He did not file any case or G.D.E with police station about the missing news of Sohel. He has denied the suggestions that he did not tell investigating officer that Dr. Khaled got switched off of Sohel or Sohel’s younger sister Tanjina Ahmed Mila asked Saiful why did he kill her brother or Saiful stood bending his head and dropping tears from his eyes or later Saiful admitted that he along with Firoz killed Sohel in a pre-planned manner. He has further denied the suggestions that to grab money and property of Sohel third party killed him or they have implicated Saiful to hide the real fact making a false story by filing false case and handing Saiful over to police.

P.W. 07 Kazi Mohammad Rofiquzzaman Chowdhury testifies that he is the uncle [khalu] of deceased Dr. Mofakkharul Ahmed. They were not getting trace of Dr. Sohel from 11.01.2008. They made search in the houses of relatives and friend circles at different places. At the relevant time, Sohel’s mother was in America. From their house Tanjina Ahmed Mila was informed over telephone that Dr. Sohel was traceless. Mila along with her mother came to Bangladesh on 16.01.2008. She had talks with relatives and friends of Dr. Sohel about his missing. On 17.01.2008, mother of Sohel being informant lodged an FIR with Dhanmondi police station under section 364 of the Penal Code. On 17.01.2008 at house no. 775 they

were discussing about Sohel’s missing. At the moment Biddyut Chowdhury, cousin of the informant, from Palash Bari informed that DB police apprehended one Firoz who was taken to Palash Bari. At his [Firoz] identification one Bulu was arrested. DB police went to Shimultola at Palash Bari and according to their confession police recovered head of deceased Dr. Sohel. Thereafter, at their showing blood stained apparels were recovered from Karotoya River.

DB police with Saiful came to the house of Sat Mosjid Road at Dhanmondi on 18.01.2008 at 10.00 pm and Saiful confessed in their presence that he along with Firoz both in a pre-planned manner killed Dr. Sohel on 10.01.2008 at night in between 12.00 pm to 01.00 am while he was watching TV sitting in the drawing room. Accused Firoz at first gave a knife blow on Sohel and the butt of the knife was broken. Thereafter, Saiful gave blows one after another pressing his mouth closed to confirm his death. Thereafter, dead body was taken to bath room where they cut the same into three pieces. Head and legs were separated from the trunk of the body. After cleaning the blood, pieces of the dead body were packed in suitcase and sack. Thereafter, at 03.00 o’clock in the night Saiful sent guard in order to bring cigarette. Getting such opportunity packed suitcase and sack were brought down under stairs case and kept them in the back hole of the private car. They took shower thereafter and the following day in the morning Saiful went to Gabtoli bus stand with car and bought ticket of Shyamoli bus having boarded the suitcase and sack in the luggage box of the bus and Firoz left. Saiful returned by private car. At noon he went to Palash Bari in Hanif bus by collecting ticket and discussed with Bulu seeking help from him. They three jointly dumped the head at Shimul tola and remaining limbs dumped in the river Karatoya.

Saiful brought out the knives and chapatti from under a cot which he used as his bed in the house. This witness has identified knives and chapatti seized by DB police. On 18.01.2008 at about 10.00 to 10.30 DB police seized vehicle vide no. Dhaka Metro-Ga-13-9596, a white colour stand fan and a copy of list of bazaar. In the seizure list he has put his signature marked as exhibit No. 4/2. The vehicle used by them is in the court compound marked as material exhibit- No. VIII and fan marked as material exhibit-IX. He has identified the accused in the dock.

In cross-examination he replies that driver Mannan over telephone informed his eldest brother-in- law that they were not getting trace of Sohel since 11.01.2008. After getting missing news he went to that house at 05.00 o’clock afternoon and found close relatives of Dr. Sohel. A fan was seized as there was sign of blood spots. It is not true that the seizure list was not prepared at that time at the place of occurrence and for that reason it seems to be tore and over writing and he did not go to the place of occurrence on 18.01.2008 or

in his presence DB police did not bring Saiful or Sohel’s father had a quarrel with his mother over financial transaction or knowing well he has described falsely or an interested group abducted Sohel for grabbing the Dhanmondi house and clinic or Saiful, Firoz knew nothing about the abduction of Dr. Sohel.

P.W-08 A.K.M Mokshed Chowdhury @ Biddyut testifies that the deceased was his nephew. He came to know over telephone on 11.01.2008 that his nephew Dr. Sohel was not at home, none was getting his trace. He along with his nephew Babu, Liton went out to find him in their relative’s houses. He received news from Dhaka that the cell phone used by Dr. Sohel indicated alarm within Grameen mobile tower under Dinajpur district area. Getting such news he informed the officers-in-charge of Kheya Ghata, Gobindagonj and Palash Bari police stations who then started to find. He started towards Dhaka on 16.01.2008 at 3.00 pm and came to know from his nephew Babu through mobile on his way that a headless dead body was floating near the shore of the river Karatoya, at fulhaar village under Gobindagonj police station. Then and there he informed officer-in-charge of Gobindagonj police station over telephone.

  Having recovered the said headless dead body, S.I of Gobindagonj police station brought the same to the police station. Next [Friday] early morning at 05.00 am on the information of officer -in-charge of Palash Bari police station he along with his nephew Babu having gone to the Baghmara Bridge at Shimul tola could see DB police from Dhaka including officer-in- charge  and S.I Rafique along with many others assembled thereof. On asking Firoz and Bulu having pointed at the assembled banana trees brought out the separated head of Dr. Sohel from thereunder. Having seen the amputated head as his nephew Dr. Sohel, S.I Rafique made the inquest report thereof taking his signature. Inquest report is marked as exhibit -05 and his signature as exhibit 5/1. Then and there he informed the matter to his brother Maksud Reza at Dhaka. Thereafter, Firoz and Bulu were taken to western side of the Trimohani Bailey Bridge. At their [Firoz and Bulu] showing trunk of the body and lower limb including legs and blood stained apparels dumped there under, were recovered by sweeper Raton of Ghoraghata P.S along with 2/3 others. They could see entrails floating in the water. S.I Abdul Bari seized blood stained apparels and entrails and prepared inquest report. Thereafter, on 24.01.2008 at evening hour he along with officer-in- charge and Humayun Kabir, Sujon, Himel, Babu all together having gone to the river Karatoya at Cherenga village saw the lower limb of Dr. Sohel floating in the water within the fish zone. S.I Rafique prepared inquest report upon recovery of the same taking his signature thereon which is marked as exhibit 06 and his signature as exhibit 6/1 and the same were sent to Rangpur Medical for an autopsy. He took the lower portion of

the dead body back after being examined on 25.01.2008. S.I Shajahan of DB recorded his statement on 16.02.2008. He has identified Firoz and Bulu in the dock.

On 18.01.2008 he came to know from the mouth of Firoz at Palash Bari police station that he along with caretaker Saiful killed Dr. Sohel at around 12.00 pm on 10.01.2008. They cut the dead body into three pieces with kiris taking to the bath room and took the same in a bus to Palash Bari next morning. He has identified accused Saiful in the dock. Firoz and Saiful with the help of Bulu dumped trunk and lower limb of the dead body of Dr. Sohel and blood stained apparels in the mud near the Trimohani Bailey Bridge of Karatoya river and head in the land of Sofu master under banana trees.

In cross-examination he replies that on 11.01.2008 he was in Palash Bari Thana area. He heard from his nephew Babu that Dr. Sohel was traceless. He knew

about mobile number of Dr. Sohel which he saved in his mobile set. At that time he did ring to the number of Dr. Sohel. He informed every police station separately. He has denied the defence suggestions that he has suppressed actual killing incident or given false evidence against the accused after being tutored by the informant. 

Md. Abdus Sobhan Sarkar as PW-09 states that on 18.01.2008 morning at around 6:00 am he along with Liton in a motor-cycle started towards Palash Bari. They stopped seeing police and many persons in the land of Safu master in the east-southern side of Bagmara Bridge when they reached there. An amputated head of human being was recovered from the land of Safu master under banana tree pointed by Firoz. Biddyut Chowdhury and Babu recognized the head as Biddyut Chowdhury’s nephew. From there they along with police rushed to the bank of Karatoya River, near Trimohani Bridge. At the showing of Firoz three persons got down in the river and recovered a sack from where blood stained apparels including screen, blazer, lungi found after open the sack. He heard that on 16.01.2008 a body was found in a place under fulhaar mouja in Karatoya River and he also heard that on 24.01.2008 lower limb of dead body of Dr. Sohel was found in the river at Cherenga. He has identified Firoz and Bulu in the dock. Firoz told at the police station that Firoz and Saiful killed Dr. Sohel at Dhanmondi residence in Dhaka.

In cross-examination he has responded that he is a teacher  of  primary  school  and  also  member  of  local union parishad. He knew Firoz previously [since before] but did not know Bulu. Firoz used to stay in Dhaka. He had seen the amputated head from 5/6 yards distance. He has no relation with Dr. Sohel. It was around 06.00 when  he  saw  withdrawing  the  head.  Police  took  the head to the police station after being recovered. On 16.02.2008 S.I of DB recorded his statement at Palash Bari. He has denied the defence suggestion that he has given false evidence.

P.W- 10 S.I Subrata Kumar Sarkar has testified that he is now working in Gobindagonj police station of Gaibanda district as sub-inspector. On 15.01.2008 while he was on duty at 23.30 hours at night he came to know through mobile phone that a material like dead body was floating in Kheyaghat area at Balu para of Fulhaar village. Getting such news he along with S.I Kutubul Alam and other forces went to Fulhaar village after lodging a G.D entry being No. 637 dated 15.01.2008. Chowkider Ratan, Belal, Dilip along with Sunil went to Balu para Kheyaghat.

On 16.01.2008 at about 01.45 am they called Raza Miah and Khabir Uddin who were catching fishes in Kheyaghat area with the help of ‘Hejak light’ and they could see a material like dead body floating in the river. In the presence of locals dead body was withdrawn to the bank of the river with the help of van driver Milon and could see by removing the same that was a trunk of a human being without having head and lower part including legs and the hands of the dead body were tied with nylon rope embracing the hands with white cloth.

It seemed to be a dead body of male person by seeing hair on the chest. His accompany S.I Kutubul Alam by arranging lighter prepared inquest report in the presence of witnesses. S.I Kutubul Alam along with Constable Abu Musa took the dead body to Gaibandha Sadar Hospital for autopsy. A case being Gobindagonj P.S case No. 28 dated 16.01.2008 under sections 302/201 of the Penal Code was started in this connection. And S.I Kutubul Alam took over the charge of the case to investigate. Ejahar has been marked as exhibit-08 and his signature as exhibit- 8/1.

In cross-examination he replies that Babu Para Kheyaghat is 18-20 kilometers far from Gobindagonj police station. Skin of the dead body having erased became white at different places. Bad smell had been going out from the dead body as being decomposed. Having taken dead body Kutubul Alam and constable went to Gaibanda Sadar. He has denied the suggestions that he did not go to the place of occurrence and he lodged ejahar on hearing from others.

P.W-11 S.I Md. Kutubul Alam testifies that he is presently working in Fulchhari police station under Gaibandha district as sub-inspector. He prepared inquest report of partial dead body of Gabindagonj P.S case No. 28(1)08 and he is the investigating officer. According to Gobindagonj P.S G.D No. 637 dated 15.01.2008 he along with S.I Subrata Kumar and other constables went to Balu para, Kheyaghat of Majhipara village and could see something like a dead body of human being floating in the water about 5 yards far from the bank of the Karatoya River. They did not have enough light. Thereafter, they with the help of two fisher men and others brought the material to the foreshore under Hejak light. Then van driver Milon brought it up from the water. Having seen it they found that it was a trunk of human being [body] without head and lower limb including legs. They presumed to see the hair of the chest as the dead body of a male person.

After arranging sufficient light from the people they prepared inquest report on the spot and took signatures from witnesses. The inquest report is marked as exhibit-10 and his signature as exhibit- 10/1. He along with constable Musa took the same to the morgue of Rangpur Medical Collage for autopsy and came back after handing over the same. On 16.01.2008 the investigation was endorsed to him by officer-in-charge in this connection. Getting such charge of the case he had prepared sketch map with index on 17.01.2008 marked as exhibit-13, his signature as 13/1 and index as exhibit-14 and his signature as exhibit-14/1. He recorded statements of some police personnel and public witnesses who had seen the recovery of trunk of the dead body. He handed over the case docket because of his transfer to other place.

In cross-examination he replies that 15.01.2008 he was on duty as in-charge of police investigation centre of Bairaghir Hat. G.D No. 637, dated 15.01.2008 had been stated in the inquest report. He went straight way to the bank of the river. Hejak light was given by fishermen who were catching fishes in the river. It took around one hour time to withdraw and prepare inquest report of the dead body as it was a night in the winter. Case was filed on 16.01.2008 at 08.35 am. After taking charge over the case for investigation he again went to the scene on 17.01.2008 at 1.45 pm. He has denied the suggestions that he did not visit the necessary places or did not have torch light or did not investigate properly or sitting in police station he prepared documents and he has given false evidence.

P.W-12 Md. Abdul Majid has deposed that on 18.01.2008 at around 5/5.30 pm on hearing siren of police vehicle he came out of the house opening the door  and  then  police  told  that  dead  body  would  be recovered ‘come with them’. When they went to Bagmara Bridge they could see a vehicle of police and a white colour micro-bus thereon. Thereafter, they along with police went to the banana garden of Safu master where they saw Bulu and Firoz standing having hand cuffs. Police took off hand cuffs from them and tied the waist with rope. Both the accused brought out a head of human being from under banana tree. Biddyut Chowdhury told them to see that the head was his nephew taking the same in his hand. Police took his signature after being prepared the paper, marked as exhibit-05 and his signature as exhibit-5/2. He has identified Bulu and Firoz in the dock.

During cross-examination he has replied that his house is two hundred yards far from Bagmara Bridge. Vehicle of police was on the bridge. He knew the land of Safu master previously. There was no other tree around the said land. He knew Biddyut Chowdhury. He has denied the suggestion that he has given evidence as per police dictation.

P.W-13 Md. Ohedul has stated that on 18.01.2008 at 05.30 to 06.00 am on hearing sound of siren he came out of the house and saw police. He went onto the road with them and saw police van and a microbus thereon. He went to the banana land of Safu master with police and could see two accused detained and their waists were tied with rope after removing hand cuffs. They could see hair of head when the accused started removing banana trees one by one. Having seen the head Biddyut Chowdhury told that it was his nephew’s head with moustache. There seemed to be small dust with the head but it could be identified. Police offered a paper in which he put signature, marked as exhibit-05 and his signature as exhibit-5/3.

Thereafter, police took the amputated head keeping in polythin bag to police station. He has identified accused Bulu and Firoz in the dock, who had been seen by him on that day. He heard later that the dead body was cut into three pieces, eventually dumped the same separately at three places.

During cross-examination he has replied that they recognized the police to see their uniform. He can sign only. He saw two accused at the scene wherefrom the head was recovered. He has denied the suggestions that he did not go to the place of occurrence or did see nothing or has given false evidence at the instigation of Biddyut Chowdhury.

P.Ws-14, 15 and 16 have been tendered.

P.W. 17 Md. Imran Hossain Chowdhury has deposed that he is presently working in Rangpur as Joint District Judge. On last 23.01.2008 he was working in Dhaka CMM Court as Metropolitan Magistrate. On that day he recorded confessional statement of accused Md. Firoz Miah son of Abdul Quddus Bina under section 164 of the Cr. P.C observing all formalities as per section 364 of the said code. The confessional statement, in total, contains eight pages including two pages of form. Confessional statement has been marked as exhibit-15 and his eight signatures as exhibits- 15/1 to 15/8 and seven signatures of the accused as exhibits 15/9 to 15/15. On 24.01.2008 he holding the same post recorded confessional statement of accused Md. Saiful Islam son of Abdus Sattar under section 164 of the Cr. P.C after observing all formalities as per section 364 of the said code. The said statement contains eight pages and the same has been marked as exhibit-16 and his seven signatures as exhibits-16/1 to 16/7 and seven signatures of the accused as exhibits-16/8 to 16/14.

During cross-examination he has narrated that in the statement of Firoz Miah there are date, name and seal of title on the first page but there is no signature on it. He received the accused at 12.00 o’clock which he noted in the form. G.R.O brought the accused along with case record to him. According to law he gave all instructions to the accused keeping him in the custody of peon, he set in the court. He started recording statements after giving three hours reflection time to the accused. He recorded the statement in the language of the accused. He did not mention ‘inverted coma’ in the statement in respect of direct comment. It was complete at about 04:15 pm. He rendered certificate in the column 8 after recording statement and read over the same to the accused who signed after finding it correct. Thereafter, seal was given and he signed therein. He has denied the suggestions that he did not fill up the form and white paper and record the statement in accordance with law and the confessional statement was not given by the accused voluntarily.

P.W-18 Sree Showpan Chandra Sarkar has stated in his examination-in-chief that on 15 January, 3rd Magh at late night he woke up from bed when some villagers and chowkider knocked his door. He wanted to know from them why they were calling him. In reply, they said there was dead body in the river to be

withdrawn. The dead body was enclosed with winds of tree used for catching fish. There were 5/6 villagers, 4 chowkider, a sweeper, a van driver and 4/5 police personnel including daroga Kutub and Abdul Jalil who came in motor-cycle. They all went to the scene and brought on call two fishermen catching fish in the river with the help of hejak light. Thereafter, dead body was brought to the shore of the river with the help of a bamboo. Then they saw two hands of a dead body tying with rope and it had no head and legs from waist. There was hair on the chest but the skin was erased at different places signing infection. Police prepared document in which he signed. Daroga prepared the paper in his presence. This document is marked as exhibit-10 and his signature as exhibit-10/2. Daroga took the dead body in a van.

In cross-examination he has replied that chowkider and police woke them up from sleep. His house was situated at the southern bank of Karatoya River. They all together came to the bank of the river. The distance of the water level from the bank of the river was 20/30 yards. The bad smell was coming out from the dead body. He did not check the dead body whether it was decomposed or not. He has denied the suggestions that he did not see anything and has given false evidence on being tutored by police.

P.W-19 Dilip Chandra Das has stated that perhaps in the month of 2nd or 3rd Magh last year, police along with chowkider woke them up from bed telling that there was a dead body near the shore of the river to be withdrawn. They called the men who catching fishes in the river through hejak light, to help them for withdrawing a dead body enclosed with a fence. Thereafter, they brought it to the bank of the river through a bamboo. Hands of the dead body were tied enclosing with a part of white tore genzi. It had no head and lower limb from waist. It was a male dead body having hair with it. Skin of the body was erased at

different places and injuries were found on the abdomen. He along with Sunil, Shawpan, village chowkider Ratan and two fishermen were present at that time. Daroga prepared document on which he has given thumb impression with the help of hejak light. Daroga came to him next day for verifying his name and address.

In cross-examination he has replied that Karatoya River is 10/15 yards far from his house. Police came to his house in two motor-cycles at late night. On that day motor-cycles were on the road. Dead body was 4/5 bigha far from his house enclosing with a part of tore genzi. The dead body was decomposed. They saw the dead body at a distance of 3/4 yards. He has denied the suggestions that he did not go to the place of occurrence or did not see anything or has given false evidence as per instruction of the police.

P.W-20 has been tendered.

P.W. 21 Raton Basfor has deposed that by profession he is a sweeper. On 18 January this year at 08.00 am police came to him from police station and took him to Trimuhani Bridge. They showed him two accused. There was something else inside the sack floating in the water. They recovered a sack from the mud in the water after searching for long time and found blood stained bed cover, genzi, coat and other apparels after opening the same. A blood stained blouse and a kamij were also found. After having seen these apparels they packed again in the sack. Police left the place with those apparels. He has identified two accused persons in the dock.

In cross-examination he has replied that he has no identity card or appointment letter as sweeper. Thana is half mile far from Ghoraghat. The bank of the river is ten yards far from the water level and 15/16 yards far from mud under water. There were around 7/8 police personnel. It was found in the mud on being searched under water. He has denied the suggestions that he has narrated untrue statements or has given false evidence on being tutored by police or did not go to the place of occurrence on the alleged date.

P.W-22 Safiul has stated that he is doing business. The date of occurrence is in the month of July 18. He used to do morning walk as he was a diabetic patient who had seen that sweeper Raton got down in the river looking for something.  Upon Raton’s quarry the accused gave him definite indication of the place. Thereafter, a sack from mud was withdrawn containing blood stained bed cover, petty coat and 2/3 other things which he had seen. From that place an entrails was also withdrawn. S.I Abdul Bari prepared the document in which he signed, marked as exhibit-17 and his signature as exhibit-17/1 and a sack is marked as material exhibit- X and a blood stained old bed cover as material exhibit- XI and printed sheet as material exhibit-XII, coat as material exhibit-XIII, sweater as material exhibit-XIV, kamij as material exhibit-XV, two printed screens as material exhibit-XVI, an old lungi as material exhibit- XVII and a blouse as material exhibit-XVIII. All of them had been recovered by Raton at the showing of the accused. He has identified two accused in the dock.

In cross-examination he has replied that when the sack was opened it found bed cover, petty coat and 2/3 other things. He has denied the suggestions that he was not present on that day or has given signature later on or has given evidence under instructions of police.

P.Ws- 23 and 24 have been tendered.

P.W-25 S.I Md. Abdul Jalil has deposed that he is presently in-charge of Boiragir Hat Investigation Centre under Gobindagonj police station of Gaibandha district. On 11.02.2008 officer-in-charge endorsed him to investigate Gobindaganj police station case No. 28, dated 16.01.2008. Having received he analyzed the case docket and submitted final report [true] No. 23 dated 24.02.2008 after receiving application forwarded by investigation officer of Dhanmondi police station and handed over the same to him.

In cross-examination he has replied that previous investigating officer visited the place of occurrence and prepared sketch map. He did not prepare sketch map newly. He submitted final report in the court of Gaibandha district.

P.W-26 Abu Musa has deposed that he is presently on duty in Boiragir Hat Investigation Centre under Gobindhaganj police station of Gaibandha district. On 16.01.2008 he, Daroga Kutubul Alam and S.I Subrata along with their forces went to Fulhaar mouza near Karatoya River and saw a dead body floating in the water recovered by them. Dead body was brought to police station in a van. Next day dead body was taken to Gaibandha Sadar Hospital. Challan of dead body is marked as exhibit-11 and his signature as exhibit-11/2. After completing post-mortem examination, the alamot was handed over to the police station which has been mentioned in the challan.

In cross-examination he has replied that he was present with rescue party. From Boiragir Hat he and daroga Kutub went to the scene and daroga Subrata from Gobindhagonj. Dead body was recovered from Karatoya River under Fulhaar mouza. The rescued limb was not decomposed, only skin was erased. It started coming out some bad smell. Kutubul Alam prepared the inquest report on the bank of the river. They brought the dead body from nearby river in a van of one who always pulls dead bodies. He along with two others and van driver were in the van. He has denied the suggestion that he has given evidence under instruction of Kutubul Alam.

P.W-27 S.I Abdul Bari Pradhan has deposed that he is presently serving in Goraghat police station under Dinajpur district. On 18.01.2008 upon getting information he arrived under Karatoya Bridge from Goraghat police station.  At the showing of accused Firoz Miah, sweeper Raton Basfor withdrew materials from the shore of the river and he prepared seizure list, marked as exhibit-17 and his signature as exhibit-17/2. He has recognized the goods [materials] in the court and identified accused Firoz Miah in the dock.

In cross-examination he has replied that he got news about the death occurred in Dhaka. There were dead body and apparels. There are three witnesses in the seizure list namely 1. Shafiul  Alam, 2. Md. Mahinur Islam and 3.Md. Bodir Hossain whose houses are 2/3 hundred yards far from the bridge and their addresses are at different places. There is no petty coat of female person in the seizing goods. He has denied the suggestion that he did not go to the place of occurrence.

P.W-28 S.I Mir Azad Rafiqul Hasan has stated that he is now serving in Ration Store in the district of Jessore as officer-in-charge. On 18.01.2008 he was on duty in Palash Bari police station under Gaibandha district. On that day at around 06.30 am as per identification of one Biddyut he along with his forces went to the banana tree garden at Shimultola from where an amputated head was recovered at the showing of accused Firoz Miah and he prepared inquest report [exhibit-5 and his signature as exhibit-5/4] in the presence of relatives of the deceased. Thereafter, on 24.01.2008 at night around 21.30 hours they recovered amputated lower limb of the body including legs from the Karatoya River and prepared inquest report [exhibits-6 and his signature-6/2] after it was withdrawn onto the bank of the river. Autopsy report was sent to Dhanmondi police station through S.C.D containing three pages, marked as exhibit-18 and his signature as exhibit-18/1.

In cross-examination he has replied that in the prepared inquest report there is no number of G.D of Palash Bari police station or C.C number mentioned. He has denied the suggestions that on 18.01.2008 the inquest report was not written by his own hand as the written words and signature are not similar to each other and ink of signature and inquest report’s words differ from each other and he did not go to the scene or did not write inquest report.

 P.W-29 Dr. Md. Abdul Jalil has deposed that he is now serving in the forensic department of Rangpur Medical College as Assistant Professor. While he was on duty in the same hospital he along with Dr. Md. Munsur Rahman as chairman and Dr. Abdus Samad, as member by forming a board examined an amputated head upon getting from police personnel  and they gave autopsy report after examining the same. During examination they found the following injuries;

1. Mouth partially closed, eyes putrefied, partially

decomposed, scalp hair partly removed and matted with blood and mud over the face and head moustache somewhere green in colour.

2. Head including neck [partly] were separated at

the cervical 4th vertebra level which was post-mortem in nature. On detailed dissection no external and internal injury could be found present brain matter was liquefied.

No definite opinion could be possible to be given from the autopsy of head as it was a post-mortem separated head. The cause of death has given previously in autopsy report of the trunk of the body. Autopsy report is marked as exhibit-19 and his signature as exhibit-19/1. There are signatures with seal of two other members of the board in it. Their signatures are known to him.

 In the same place when he was on duty on 17.07.2008 constable 575 Abu Musa brought an unknown dead body of a male person aged about 45 years which they examined by forming three members board. On examination they found the injuries as under:

Height-5"-1", partially decomposed mutilated. Trunk of the body, chest hair some are gray in color, upper both limbs were tied with rope at the arm and fore arm [Nylon rope] with the body.

1. Both upper limbs with Ht. or Humerus Head and partly neck at the level of the 4th cervical spine were de captivated which was post-mortem in nature. Waist of the body was separated from the body at in between 3rd and 4th lumber vertebra i.e just below the umbilicus was postmortem in nature.

[1]            One stab wound was situated

at just below the Rt. Costal cartilage in the epigastric region which was obliquely placed measuring 3½″ X 1½″ X abdominal cavity.

[2]            One stab wound on Rt.

epigastrium below the injury No. 1, size I ½ ″ X ½ ″ abdominal cavities.

[3]            One oblique stab wound on the Rt. lumber region just above and lateral to the umbilicus size 4½″ X 2″ abdominal cavity from the Rt. to the midline direction with coming out the omentum through the wound.

[4]            One stab wound the anterior fold of axilla in the Lt. Lateral wall of the chest size 2½″ X 1″ X chest cavity.

[5]            One incised wound on the just above and lateral aspect of right wrist joint size X 1½″ X ½″ bone.

[6]            One incised wound on the thinner aspect of the palmer surface of Rt. hand size 2½″ X 1″X bone.

[7]            One incised avulsion wound on the tip of Lt. Thumb at palmer aspect.

[8]            One chop (incised) wound on the back of the Rt. side of abdomen in the loin size 8″ X 2″ X abdominal cavity.

[9]            One stab wound on the middle

of the Rt. lateral chest wall wholly lies in the 8th to 12 intercostals space size 1½″ X ½ ″ 1 X chest and abdominal cavity obliquely placed.       

On detailed dissection extravasations clotted blood found present at the site of the injuries. Tip of 8th and 9th ribs were cut down at the Rt. side, liver, Lungs, stomach intestine. Rt. Kidney found injured. Dark and fluid blood was hugely found present in the chest cavity and abdominal cavity. A portion of muscle and of Rt. Hummers was presumed for D.N.A test and handed over to the escorting police for sending it to the DNA, DMC in a proper way.

Opinion: Death in our opinion was due to shock and hemorrhage as a result of the above mentioned injuries which were ante-mortem and homicidal in nature.

Autopsy report has been marked as exhibit-20 and his signature as exhibit-20/1. There are signatures of chairman and members in the report.

In the same place holding the same position he along with chairman of forensic department and assistant professor Abdus Samad by forming a board completed examination upon receiving dead body from constable no. 421 Md. Nazrul Islam. In examination they found injuries as under:  

Partially decomposed separated body from the 4th lumber vertebra up to lower limbs, left foot except great toe. Rt. foot and external genitalia partly eaten by aquatic animals, all the injuries were postmortem in nature, on detailed dissection no external and internal injury was found.

Opinion: No definite opinion could be possible to be given from the autopsy of the lower part of the body as it was postmortem separation the cause of death was given previously in autopsy report of the trunk of the body.

Autopsy report has been marked as exhibit-21 and his signature as exhibit-21/1. In it there are signatures of chairman and members. Inquest report of 18.01.2008 has been marked as exhibit-5 and his signature as exhibit-5/5, inquest report of 24.01.2008 has been marked as exhibit-6 containing signature of Dr. A. Samad. Inquest report of 16.01.2008 has been marked as exhibit-10 and his signature as exhibit-10/3.

In cross-examination he has replied that the postmortem examination was held by forming a board headed by a chairman with two members. The part of dead body of 26.01.2008 examined by them was not mentioned in the challan of whose dead body was and it was nameless. Then witness said name is there. Identification was made by Constable Nazrul Islam. They examined part of unknown decomposed body. The report was written by chairman of his own hand.