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. 93 of 2015

with

Criminal Appeal No. 9126 of 2015

with

Criminal Appeal No. 9235 of 2015

with

Criminal Appeal No. 9346 of 2015

with

Criminal Appeal No.10,748 of 2015

with

Criminal Appeal No.10,049 of 2015

With

Jail Appeal No. 251 of 2015

With

Jail Appeal No. 252 of 2015

With

Jail Appeal No. 253 of 2015

The state

----------- Appellant Versus

(1) Qamrul Islam @ Qamrul  son of late Abdul Manik  (2) Sadik Ahmed @ Boro Moyna @ Moyna son of late Mobu Ullah @ Mobu Ullah (3) Muhid Alam @ Muhit son of late Abdul Manik (4) Ali Haider @ Ali son of late Abdul Manik (5) Shamim Ahmed  @ Shamim son of late Abdul Manik (6) Tajuddin Ahmed @ Badol, son of Sultan Miah, (7) Nur Ahmed @ Nur Miah son of Md. Nizam Uddin, (8) Ayaz Ali son of late Mostafa Ali @ Pecha, (9) Ruhul Amin @ Ruhel son of late Shahab Uddin, (10) Zakir Hossain @ Pabel Raju (absconding) son of Oliur Rahman @ Oli Ullah, (11) Dulal Ahmed son of late Ala Uddin Ahmed, (12) Firoz Ali son of late Mojid Ullah, (13) Azmat Ullah son of late Selim Ullah

------- Condemned Prisoners and accused appellants.

Mr. Zahirul Haque Zahir, D.A.G with Mr. Md. Atiqul Haque (Salim) with Mr.Nizamul Haque Nizam, A.A.Gs

------ For the State Mrs. Shirin Afroz, Advocate

------For the State Defence. Mr. S.M. Abul Hossain with

Mr. Md. Abdur Rashid with

Mr. Belayet Hossain with

Mr.M.A. Shahid Chodhurywith

Mr. K.B. Shahriar Ahmed with

Ms. Mazada Khatun with

Ms. Lubna Yesmin with

Ms. Parvin Akter, Advocate

------ For the condemned prisoner and accused-appellants.

Heard  on  30.01.2017,  31.01.2017, 05.02.2017,  06.02.2017,  07.02.2017, 12.02.2017,  13.02.2017,  14.02.2017, 15.02.2017,  19.02.2017,  20.02.2017, 22.02.2017,  27.02.2017,  01.03.2017, 05.03.02017,  06.03.2017,  07.03.2017, 08.03.2017 and 12.03.2017.

Judgment on 11.04.2017 Md. Jahangir Hossain,J:

This judgment will dispose of the death reference No. 93 of 2015 passed by the Metro Sessions Judge, Sylhet for confirmation of the sentence of death imposed on condemned prisoners (1) Qamrul Islam @ Qamrul son of late Abdul Manik, (2) Sadik Ahmed @ Boro Moyna

@  Moyna son of late Mob Ullah @ Mobu Ullah,

(3)  Tajuddin Ahmed @ Badol  son of Sultan Miah, and (4) Zakir Hossain @ Pabel Raju (absconding) son of Oliur Rahman @ Oli Ullah, filed Criminal Appeal No. 9126 of 2015 and Criminal Appeal No. 9235 of 2015and Jail Appeal No. 252 of 2015, Jail Appeal No. 253 of 2015 and Jail Appeal No. 251 of 2015 preferred by condemned prisoners against their conviction under Section 302/34 of the Penal Code and sentencing them to death and fine of Tk.10,000. They preferred aforesaid criminal appeals against the judgment and order of conviction sentence to death dated 08.11.2015 passed by the learned Metropolitan Sessions Judge, Sylhet in Sessions Case No.931 of 2015 arising out of Jalalabad Police Station Case No.04 dated 08.07.2015 convicting the appellants under Section 302/34 of the Penal Code and imposing death sentence condemned prisoners appellants and to fine of Tk.10,000/- (ten thousand) each, and also convicted co-accused Noor Ahmed under Section 109 read with sections 302/34 of the Penal Code and sentenced him to suffer imprisonment for life with a fine of Tk. 10,000/- (ten thousand) in default to suffer rigorous imprisonment for 2 (two) months more, convicted co-accused Sadik Ahmed @ Boro Moyna @ Moyna, Shamim

 The prosecution case in brief is that on 08.07.2015 one S.I. Md. Aminul Islam, Jalalabad Police Station, S.M.P. District-Sylhet as

informant lodged a First Information Report, with Jalalabad P.S. of District Sylhet against 2 accused persons and surrounding  people of workshop excluding the appellant alleging, inter alia, that on 08.07.2015 while the informant along with his companion forces mentioned in the F.I.R on day siyara-21 duty received a news over Radio that a dead body of unknown persons laying in Micro-Bus in the Road in front of grocery shop owned by one Belal at Kumargaon Residential Area under Jalalabad Police Station, that the informant party instantly reached to the place of occurrence at 14.00 hours and have seen that Microbus being No. Dhaka Metro-Cha- 5400515 beside the road, that sensing the presence of the informant party, while driver of the said Microbus named Muhit Alam, son     of Abdul Manik, village-Sheikhpara, Police Station–Jalalabad, District-Sylhet trying to flee away by running arrested him and took in own custody and saw on came to Microbus that a dead body of a person laying inside the Microbus, that on interrogation of arrested accused he did not answer satisfactorily, that the informant in presence of local people prepared a Surathal Report and sent the dead body to morgue of M.A.G. Osmani Medical College Hospital for autopsy to determine the real cause of death, seized the Microbus by preparing a seizure list and brought the seized Microbus and accused to the police station, that on interrogation, local people informed that unknown person on 08.07.2015 at about 06.00 while stealing van-gari from Garage of Ali

Jalalabad Police Station Case No. 04 dated 08.07.2015 under sections 302/34 of the Penal Code was started.

Subsequently another supplementary F.I.R. was filed by the father of the deceased Shamiul Alam Rajon (14) on 09.07.15 (hereinafter it will be treated as 2nd or supplementary F.I.R). It is stating interalia that on 08.07.2015 at about 8.00 A.M. the deceased went out of the house for Taker bazar with a view to selling vegetables but he did not return to home. Local people apprenended the accused Mohit Alam red handed at Kumargaon residential area while he and others were carrying the dead body through a Microbus in order to conceal the dead body. Police being informed took the custody of the accused Mohid Alam and sent the dead body of Rajon to Sylhet MAG Osmani Medical College Hospital Morgue for post mortem examination. Accused Mohid Alam on interrogation disclosed the name of the other accused persons.

2nd F.I.R. was not treated as F.I.R. with the police station; it was rather entree as Jalalabad P.S. General Diary No. 536, dated 09.07.2015. 

Police after holding a perfunctory investigation submitted charge sheet against the appellants and others under Section 302/201/34 of the Penal Code being Charge Sheet No. 81. 

Eventually the case was transferred to the Court of learned Metropolitan Sessions Judge, Sylhet for trial and there the case was numbered as Sessions Case No. 931 of 2015 and framed charge under sections 302/201/34 of the Penal Code and read over it to the accused present in the Court, who pleaded innocent and claimed to be tried.

The case of the defense as it appears from the trend of cross-examination of the witnesses that accused persons are innocent and they have been falsely implicated in the instant case.

During investigation Police arrested Azmat Ullah Firoz Ali, Ali Haidar, Ayz Ali, Sadik Ahmed @ Moyna @ Bora Moyna, Dulal Ahmed, Nur Ahmed and Mohit Alam @ Mohit and recorded statement under Section 164 of the Code of Criminal Procedure and that the prosecution in order to prove the case examined as many as 36 witnesses out of 38 witnesses cited in the charge sheet.

After conclusion of trial the learned Metropolitan Sessions Judge, Sylhet found the appellants and others are guilty of the charge and convicted the appellants and other co-accused by judgment and order dated 08.11.2015. 

The accused Qamrul Islam @ Qamrul, Sadik Ahmed @ Boro Moyna @ Moyna, Tajuddin Ahmed @ Badol and Zakir Hossain @ Pabel @ Raju (absconding) are hereby convicted and sentenced under sections 302/34 of the Penal Code to suffer death sentence with a fine of Tk. 10,000/- each. They will be hanged by their necks till death. As the convict Zakir Hossain @ Pabel @ Raju has been absconding the punishment of death sentence will be effected from the date of arrest or surrender of the convict before the Court as the case may be. The convicts may prefer appeal within 7 (seven) days (Article 150 of the Limitation Act).

The accused Noor Ahmed @ Noor Miah is hereby convicted and sentenced under section 109 read with sections 302/34 of the Penal Code to suffer imprisonment for life with a fine of Tk. 10,000/- in default to pay the fine imposed to suffer additional imprisonment for 2 (two) months.

The accused Sadik Ahmed @ Boro Moyna

@            Moyna, Shamim Ahmed @ Shamim (absconding), Ali Haidar @ Ali and Muhit Alam

@            Muhit are hereby convicted and sentenced under sections 201/34 of the Penal Code to suffer rigorous imprisonment for 7 (seven) years with a fine of Tk. 10,000/- each, in default to pay the fine imposed to suffer additional imprisonment for 2(two) months.

The accused Sadik Ahmed @ Moyna @ Moyna, Ayaz Ali and Dulal Ahmed are hereby convicted and sentenced under section 342/34 of the  of the Penal Code to suffer rigorous imprisonment for 1 (one) year with a fine of Tk. 1,000/- each, in default to suffer additional imprisonment for 2(two) months.

The accused Firoz Ali, Azmat Ullah and Ruhul Amin @ Ruhel are hereby acquitted from the charge brought against them.The punishments inflicted in the case of convict Sadik Ahmed @ Boro Moyna @ Moyna would run concurrently.

The period for which the convicts have been in jail hajot will be deducted from the actual punishment inflicted (Section 35A of the Cr .P.C).

In the case of absconding convict Shamim Ahmed @ Shamim the punishment inflicted will be effective from the date of his arrest or surrender before the Court as the case may be.

We have heard at length the submission of learned counsels of both the parties. Perused the record and connected all documents. It transpires that prosecution has examined as many as 36 witnesses including the informant S.I. Aminul Islam and father of the deceased Sheikh Md. Azizur Rahman Alam, who submitted 2nd F.I.R. There are 8(eight) confessional statement of the accused under Section -164 of the Code of Criminal Procedure. Recording Magistrate Mr. Shahidul Karim and Mr. Anwarul Haque were also examined as P.Ws.

P.W.1 Aminul Islam as informant deposed that on 08.07.2015 at 13.45 he received information that one unknown dead body laying inside the microbus and it was on the road of komar gown residential area in front of the shop of Belal. Then he rushed towards that place and found the microbus Dhaka Metro Q -54-0516 on the road. At that time driver of the microbus Muhit Alam was trying to flee away but they apprenended him and take him in the police custody.

Police found one dead body inside the microbus. Police asked about the dead body but Muhit could not answer properly. Then in presence of the local people informant Sub Inspector Aminul Islam prepared inquest report and sent the dead body for post mortem to the M.A.G Osmani Medical Hospital, Shyhet. He seized the microbus and took the Muhit Alam to the Jalalabad Police Station. Police interrogate accused Muhit and found information that on 08.07.2015 at about 6.00 am at the time of stealing one rickshaw van from the garage this victim was caught red handed by the security guard Md. Moyna Mia. Thereafter Moyna and other local people took the victim to the workshop of Sodip Kapali and beat him mercilessly where he became seriously wounded and consequently he succumbed. Where unknown persons with the same intension beat the victim and killed him. Thereafter they took the dead body in the microbus for concealment and take it to another place and they have committed offence. There must be an

Thereafter on 09.07.2015 victim’s father Sheikh Md. Azizur Rahman Alam filed another petition before the police station stating inter alia on 08/07/2015 at about 8.00 am the deceased Rajan went out of the house for Tokerbajar for selling vegetables but he did not return to home. 

It is also mentioned that the local people arrested the accused Mohit Alam red-handed while Mohit and others were carrying the dead body through a microbus in order to conceal the dead body. Police being informed took the custody of the accused Mohit Alam and sent the dead body of Rajan to Sylhet M. A. G Osmani Medical Hospital morgue for post mortem examination. It is also mentioned that the accused Mohit Alam on interrogation disclosed the name of the other accused persons. The Investigation Officer Mr. Alamgir Hossain Police Inspector Suranjit Talukder of DB Sylhet investigated the case and latter on submitted the charge sheet No. 81 dated 16.08.2015 against the accused Kamrul Islam and other 12 accused under section 302, 201, 34 of the Penal Code finding prima facie ingredients of commission of crime and taking deposition of witnesses recorded under section 161 of the Criminal Procedure.

In the fact of this case it transpires that 1st F.I.R has been placed on 08.07.2015 and the 2nd or supplementary F.I.R has been placed on 09.07.2015. There are several decisions of our

apex Court regarding the 2nd F.I.R. Where there are many information as to an occurrence which of them would be considered as a F.I.R depend upon the fact and circumstances of the case. The police may suo moto lodge a F.I.R and earlier vague and indefinite information were not considered as F.I.R. It reveals in 38 DLR at 289, 21 BLD (AD) at page 103.

In the subsequent F.I.R lodged by Sheikh Azizur Rahman Alam father of the deceased Rajan on 09.07.2015 the name of the accused Mohit Alam, Ali miah, Qamrul Islam and Moyna Miah gaurd are specifically mentioned in the F.I.R. Further mentioned that 5/6 unknown persons were with them in the occurrence. On the above fact and circumstances and considering the referred decisions we find substance to treat the

2nd F.I.R as supplementary F.I.R. In the instant case the F.I.R lodged by father of the deceased Rajan may either be considered a 2nd F.I.R or supplementary  F.I.R.

Prosecution examined the 1st informant Police Inspector Md. Aminul Islam as P.W. 1. He has stated the case is made out in the 1st F.I.R has indentified the F.I.R and his signature on it which are marked as Exhibit 4 and 4/1 respectively. He deposed that he arrested the accused Mohit Alam while he attempted to flee away. He came to know from local people on interrogation that on 08.07.2015 at about 10.00 am the accused Mohit Alam, Mayna Miah along with other unknown accompanies beat to death child Rajon at the workshop of Sodip Kopali. He further stated that local people confined the microbus through

which the dead body was being carried for the purpose of concealment. He also prepared a seizure list of microbus and marked it as Exhibit- 2 and his signature on it as Exhibit 2/1. He also identified the chalan and marked it as Exhibit-3 and his signature on it as Exhibit 3/1.

He got the identity of the dead body of the accused as Sheikh Samiul Alam Rajan son of Sheikh Md. Azizur Rahman Alam and filed a petition to the head of the forensic department, Sylhet in this regard. The said petition is marked as Exhibit-5 and his signature there in marked as Exhibit-5 /1. He identified accused Muhi on the dock.

In cross he stated that 6.15 am is the time of occurrence and 8.40 pm is the time of filing of the case.  

He mentioned the name of two accused particularly and other persons of the neighbor workshop in the FIR. Deceased was confined at the time of stealing the rickshaw-van by the night guard Moyna Miah and took him to the workshop of Sudip Kopali and he was beaten there as a result he became seriously wounded and succumbed there.

He further stated in-cross that it is not true that deceased was beaten by the people for stealing the rickshaw-van and his dead body was not found in the Microbus. Specifically the name of accused Qamrul was not in the FIR. Pre-plan and intention of murder and what materials used for assault were not mentioned in the FIR. He saw the ejhar filled by Rajon’s father subsequently.

P.W.2 Sheikh Md. Azizur Rahman Alam father of the deceased Rajon deposed that in the very down Rajon went out from the house for selling the vegetables to the Tukerbazar but he did not return to home. He searched different places for Rajon but failed. Lastly at about 11.00/11.30 p.m. he went to Jalalabad P. S. where the duty officer informed him that 01 (one) dead body of a boy was carrying by a microbus then the local people apprehended the accused Mohit Alam red-handed, while he and his accomplices Ali Haidar, Qamrul Islam and Sadik Ahmed @ Moyna Chowkidar were carrying the dead body. Rest 03 (three) accomplices were able to flee away. He lodged another F.I.R with Jalalabad P. S. and mentioned the name of the accused Qamrul Islam, Mohit Alam, Ali Haidar, Sadik Ahmed @ Moyna and also mentioned there that other 5/6 persons also involved in the occurrence.

He further deposed that 8.00 A.M was wrongly computer composed instead of 6:00/6.15 A.M. He identified his F.I.R. and marked it as exhibit- 6 and his signature on it marked as exhibit- 6/1. Subsequently he came to know that accused Qamrul Islam, Sadik Ahmed @ Moyna, Mohit Alam, Ali Haidar, Shamim Ahmed, Noor Ahmeed, Dulal Ahmed, Ayaz Ali, Firoz Ali, Azmat Ullah, Zakir Hossain @ Pabel, Ruhul Amin beat Rajon to death by fastening with a Pillar at the place of occurrence i.e. workshop of Kapali Babu. Accused Tajuddin Ahmed @ Badol told him about the video recording of the beating by the accused Noor Ahmed and spread the said video recording in the facebook. At the negligence of the informant S.I. Aminul Islam and I.O. inspector Alamgir Hossain the accused Qamrul Islam was able to flee away to Saudi Arabia.

In-cross P.W.2 stated that his son Rajon went out from home at the very down which he told to the writer of the ejahar but he could not say whether it was written or not. Babul, Shahin and others told him about the occurrence and about 100 people including his brother Al-Amin witnessed the video recording.  He stated that he has been blessed with 02 sons and the deceased Rajon was elder of them.

The name of the accused Azmat Ullah, Shamim, Zakir Hossain are not specifically mentioned in his supplementary F.I.R. The place of occurrence workshop falls on the way to Tukerbazar from his residence. He also stated in-cross examination that he did not mention as to error in his supplementary F.I.R by furnishing and affidavit. He can not say the name of the computer operator and he is not also the named as witness. He denied enmity and personal grudge with the accused Qamrul Islam. In-cross he further stated that the accused Moyna and Qamrul Islam wanted to commit Sodomy on the deceased Rajon.

P.W. 3 Lubna Aktar mother of the deceased deposed that on 08.07.2015 the deceased Rajon went out of the house after Fazar prayer with vegetables in order to sell the same at Tukerbazar. She informed her husband on returned home before Iftar about the Rajon for went out to selling the vegetables. Her husband went to Jalalabad P.S. at 11.00  p.m and identified the dead body of the deceased Rajon. Subsequently she came to know about the involvement of the accused Qamrul Islam, Mohit Alam, Moyna Chowkidar, Shamim along with 5/6 others of the occurrence. Her son Rajon was beaten to death by fastening from his behind with an iron pillar. The accused Mohit Alam and 02 or 03 other were carrying the dead body of the deceased by a microbus towards Kumargaon where the local people apprehended the accused Mohit Alam red-handed with the dead body and the said microbus. The rest accused persons were able to flee away.

On 09.07.2015 at the time of Johar prayer her brother Ruhel and other relatives brought the dead body of the deceased to their residence and it was engraved after performing Namaj-e-Janaja. Accused Qamrul Islam was arrested in the Saudi Arabia and she identified the accused Moyna and Mohit Alam in the dock of the court. She identified the ganjee and half pant of the deceased Rajon in the court and marked as material exhibit- I & II.

P.W.3 in her cross examination stated that her husband drives microbus. Some others were also with Rajon’s father for searching the deceased Rajon. She witnessed the occurrence of beating in the mobile phone set of her brother-in-law Al-Amin. She was told at to getting the dead body of the deceased Rajon in a microbus by her inmates and the local people of Sheikhpara. She admitted that her family has no enmity with the family of the accused Qamrul Islam. She does not know the accused Qamrul Islam before the occurrence.

P.W.4 Ziaul Haque deposed that he has Emon Traders to the east of Lalai Miah Market near Kumargaon, Borogaon Jame Mosque, that is, near at the place of occurrence. On 08.07.2015 he came to his shop at 10:30 a.m. and saw gathering of people beside his shop and he saw a microbus of white colour going out towards the east. He heard talking as to carrying dead body of a boy by the microbus after murder by beating. Thereafter he heard as to apprehension of the accused Mohit Alam and detention of a microbus with the dead body by the local people.

He further deposed that Khan Engineering Workshop and the restaurant situated to the east of his shop and other two workshops belonging to Sudip Kopali and the accused Shamim Ahmed stand behind his shop. He identified the accused Mohit Alam, Firoz Ali, Azmat Ullah, Ruhul Amin, Noor Ahmed, Ayaz Ali Haidar, Dulal and Moyna in the dock of the court.

In-cross examination P.W.4 stated that he knows accused persons. But he did not see the occurrence. The distance between Kumargaon and Temukhi is about ½ kilometer. He can not say whether the accused Firoz Ali was involved in the occurrence or not. He also knows the accused Sadik Ahmed @ Moyna the Security Guard of Lalai Miah Market.

P.W.5. Mashuk Ahmed deposed that one Nazim and he own a workshop at Lalai Miah Market. He came to the place of occurrence workshop at 11:00/11:50 a.m. He also deposed that accused Mohit Alam left the key of his workshop on a tool. He heard that the deceased Rajon was murdered by beating at the workshop of Kopali Babu. Police arrested the accused Mohit Alam, Ali Haidar, Sadik Ahmed @ Moyna Chowkidar, Dulal Ahmed, Ayaz Ali, Firoz Ali and Azmat Ullah. He can not say whether they are involved in the occurrence or not. This witness is declared hostile by the prosecution.

In-cross examination by the defence he stated that he did not disclose the name of accused Firoz Ali, Ayaz Ali, Quamrul Islam, Sadik Ahmed @ Moyna, Shamim Ahmed, Zakir Hossain @ Pabel and Azmat Ullah. He further stated he did not witness the occurrence.

P.W.6 Sheikh Al-Amin uncle of the deceased Rajon deposed that on 08.07.2015 he went out of home after Johar prayer and returned home before Iftar. Rajon’s mother told him as to missing of Rajon. Thereafter he searched for Rajon to & fro and at the residence of their relatives. His brother went to Jalalabad P. S. at about 11:00 p.m. and at about 12:00 midnight informed him over mobile phone as to showing of photo of the dead body of the deceased Rajon.

Thereafter Ishtiaque Ahmed Chowdhury Rayhan, he and 2(two) others went to the police station and saw the photograph of the deceased Rajon. Police told them as to the fact of recovery of the dead body of deceased with microbus and arrest of the accused Mohit Alam. Other 3 accomplices were able to flee away. He knows the accused Mohit Alam. He also heard as to the confessional statement made by the accused persons.  

He further deposed that the informant (Rajon’s father) lodged supplementary F.I.R disclosing the name of the accused Mohit Alam, Qamrul Islam, Shamim Ahmed and Sadik Ahmed @ Moyna Chowkidar. The scene of beating of the deceased Rajon was recorded in the CD by downloading from mobile set belonging to Ishtiaq Ahmed Chowdhury (Rayhan). He has identified the CD materials exhibit- III.

He handed over the CD of one minute 54 seconds to the investigation officer who prepared a seizure list (exhibit- 8). This witness identified his signature in the seizure list marked as exhibit- marked as 8/1.

He has mentioned the name of 13 accused persons in his chief. He heard that the accused persons beat the deceased to death at Khan Engineering Workshop belonging to Kopali Babu by fastening his hands from his behind with an iron pillar.

In cross P.W 6 stated that he did not witnesses the occurrence of apprehending the accused Mohit Alam but the police told him that the dead body was sent to Sylhet Osmani Medical College Hospital Morgue at 2:00 p.m. He saw the accused Mohit Alam in the lock-up of police station.

He also heard that the accused Mohit Alam was apprehended from By-pass point of Temukhi while he attempt to flee away. He can not say who told him the name of accused Firoz Ali and Ayaz Ali. He can not say whether video can be edited, modified, added, partly excluded or not by appling modern technology. He further stated in the in-cross examination that their families have no enmity with the accused Qamrul Islam.

P.W.7 Ishtiaq Ahmed Chowdhury deposed that on 08.07.2015 at about 12:00 midnight being informed by Al-Amin, he along with 6/8 persons went to Jalalabad P.S. Rajon’s father identified the dead body of deceased Rajon by seeing the photo shown to him by police.

He heard that the deceased Rajon was beaten at a workshop of Lalai Miah Market. He witnesses the video recording. He further deposed that he handed over the said DVD to the I.O. and he recorded in the DVD from his mobile phone set. He identified his signature in the seizure list (exhibit- 8) marked as exhibit- 8/2. He also identified the DVD marked as material exhibit- III. He is a student of Madan Mohan College, Sylhet.

 In-cross examination P.W.7 stated that Tukerbazar is about 02 kilometer away from their residence. The said video recording submitted by him the said Rajon was seen alive. He can not say whether he told the name of accused Ayaz Ali to the I.O. or not. He can not say whether the video recording can be edited, added, modified or partly deleted/excluded or not. He has denied that the deceased Rajon was caught by the public at the time of stealing rickshaw-van and he was beaten to dead by the local mob.

In-cross he further stated that he uses facebook and he down- loaded the said video recording from the facebook of his friend. The place of occurrence workshop falls on the way to Tukerbazar from the residence via bridge. The place of occurrence workshop stands near by-pass point.

P.W.8. Abdul Johir is a U. P. Member of Kandigaon Union Parishad. He deposed that at about 2:00 a.m following 08.07.2015 the deceased’s father Aziur Rahman told him over mobile phone as to the murder of deceased Rajon and he went to Jalalabad P. S. at 2:30 a.m. He was told to the effect that the accused Mohit Alam, Qamrul Islam, Ali Haidar, Sadik Ahmed @ Moyna along with 8/9 persons are involved in murdering the deceased Rajon. Local people apprehended the accused Mohit Alam red-handed.

He further deposed that he was told as to beating by the accused Mohit Alam, Qamrul Islam, Ali Haidar, Sadik Ahmed @ Moyna, Zakir Hossain

@   Pabel, Dulal Ahmed, Tajuddin Ahmed @ Badol on the deceased Rajon and murdered him at Lalai Miah Market. The video recording of beating was spread in the facebook. They arranged protest meeting, they saw posturing at Temukhi by-pass point on 11.07.2015. He identified the poster marked as material exhibit- IV. He identified 4 still pictures of the accused person with Rajon marked as material exhibit- V series.

He further deposed that he handed over the DVD recording to the informant who handed over the same to the Investigation officer. He identified his signature on the seizure list and which is marked as exhibit- 9/1. He identified the accused Dulal Ahmed, Sadik Ahmed @ Moyna, Mohit Alam in the dock of the court.

In-cross examination he stated that local people printed the said posters. He also witnesses the video recording. He saw the deceased Rajon alive in the DVD recording. In-cross he further stated that he could not witness the occurrence though saw the occurrence by the blessing of video recording and heard from the people at large. He further stated in-cross examination that most of the accused persons are the inhabitant of Tukerbazar Union Parishad area. He admits in-cross examination that he did not tell to the I.O. the name of accused Shamim and Azmat.

P.W. 9 Nizam Uddin neighbors of the deceased Rajon deposed that he along Istiaq Ahmed Chowdhury @ Rayhan, Mashuk Ahmed, Al-Amin went to Jalalabad P. S. and also saw the deceased’s father in the Police Station. He heard that 12/13 miscreants along with the accused Mohit Alam, Qamrul Islam, Sadik Ahmed @ Moyna, Zakir Hossain @ Pabel and Dulal Ahmed beat the deceased to death. He also witnessed video recording on mobile phone set while it was spread hand to hand. A half-pant and ganjee of the deceased Rajon were seized on 09.07.2015 at the Police Station. He has identified the seizure list (exhibit- 10) and his signature therein marked as exhibit- 10/1.

 He saw the accused Mohit Alam in the lock- up of the police station. He further deposed that he identified the accused Sadik Ahmed @ Moyna, Qamrul Islam, Dulal Ahmed and Zakir Hossain @ Pabel in the video recording. He also identified the accused Mohit Alam, Sadik Ahmed @ Moyna, Dulal Ahmed in the dock of the court. In-cross examination P.W. 9 stated that he witnessed the occurrence by the blessing of video footage.

In the statement recorded under section 161of the Cr.P.C this witness has disclosed the name of the accused Sadik Ahmed @ Moyna, Qamrul Islam, Dulal Ahmed, Zakir Hossain @ Pabel, Mohit Alam and others. But he has not specifically mentioned in the statement that he saw the accused Qamrul Islam, Sadik Ahmed @ Moyna, Zakir Hossain @ Pabel and Dulal Ahmed in the video footage.

P.W. 10 Ruhul Ahmed Panki deposed that he is an employee of “The Daily Prothom Alo” newspaper office, Sylhet being instructed by Mr. Ujjal Mehdi, Head of the office of the said newspaper, came to the accused Noor Ahmed for collecting video recording at East Jangail Village.

He heard that the deceased Rajon was beaten to dead in Khan Engineering Workshop by fastening hands from his behind with a pillar. He also heard that the local people apprehended the accused Mohit Alam, The accused Noor Ahmed transferred the mobile recording to his mobile. Thereafter he showed it to Ujjal Mehdi who published a report in “The Daily Prothom Alo” newspaper. This video recording was spread from mobile to mobile a crossing the boundary of Bangladesh. He further deposed that he identified the accused Qamrul Islam, Sadik Ahmed @ Moyna, Dulal Ahmed and Zakir Hossain @ Pabel by watching the video footage. He also identified the accused Dulal Ahmed and Sadik Ahmed @ Moyna in the dock of the court.

In-cross examination P.W 10 stated that he did not see the accused Mohit Alam, Noor Ahmed, Ali Haidar, Ruhul Amin and Tajuddin @ Badol in the video footage. He further stated that it is not true that he did not disclose the name of accused Moyna, Pavel, Kamrul that he saw them in the vedio footage or they are not involve with the occurrence in the statement under section 161 of the Code of Criminal Procedure.

P.W. 11 Babul Miah deposed that he is an inhabitant of Kumargaon area and on hearing hue & cry he went to the place of occurrence and saw the dead body of the deceased Rajon under the seat of a microbus. He heard that the local people apprehended the accused Mohit Alam but the accused Sadik Ahmed @ Moyna, Ali Haidar and Shamin Ahmed were able to flee away. He identified his signature on the inquest report (exhibit-1) marked as exhibit-1/2.

He heard that accused Qamrul Islam, Ali Haidar, Mohit Alam, Shamim, Moyna and other beat the deceased Rajon to death. He also stated that the accused Qamrul Islam and Shamim Ahmed are absent in the dock of the court. In-cross examination he stated that he can not recollect whether he saw the accused Mohit Alam, Ali Haidar, Tajuddin @ Badol, Noor Ahmed, Ruhul Amin, Dulal Ahmed in the video footage or not. But in-cross stated that he watched the accused Sadik Ahmed @ Moyna, Qamrul Ialam and Shamim Ahmed in the video footage.

P.W.12. Kacha Miah is an inhabitant of Kumargaon residential area. He has identified his signature in the inquest report (exhibit-3) and marked as exhibit-3/1.

He also heard that the Workshop belonging to Kopali Babu opposite to Borogaon Jame Mosque is the place of occurrence. He saw the dead body of the deceased Rajon inside the microbus. The accused Mohit Alam was apprehended while he was carrying the dead body of the deceased Rajon for concealment.

He further stated that the police seized the microbus in his presence and he has identified his signature in the seizure list marked as exhibit- 2/2. He has identified the accused Mohit Alam, Moyna, Azmat Ullah, Firoz Ali in the dock of the court.

In-cross examination P.W. 12 Kacha Miah stated that he has betel-nut shop at Temukhi by-pass area near Fabia Restaurant. He watched video footage in mobile phone set and he saw the accused Mohit Alam and Sadik Ahmed @ Moyna in the video footage. He signed on the seizure list and inquest report at the instruction of police officer. It was not read over to him. He denied the suggestion to the effect that accused Qamrul Islam, Sadik Ahmed @ Moyna and Zakir Hossain @ Pabel did not beat the deceased Rajon.

P.W. 13 Lutfur Rahman deposed that he saw the dead body of a boy of about 12 years inside the microbus. He heard that the local people apprehended the accused Mohit Alam and 3 other accomplices were able to flee away. He heard that the deceased Rajon was beaten to death at Lalai Miah Market and 12/13 accused persons involved in the occurrence.

He also heard that the accused Qamrul Islam, Sadik Ahmed @ Moyna, Zakir Hossin @ Pable, Ruhul Amin @Ruhel and others were involved in the occurrence. In-cross examination he denied the suggestion that the general people beat the boy (Rajon) for the charge of stealing rickshaw-van.

P.W. 14 Kacha Miah Kochi deposed that on 08.07.2015 he heard as to murdering a boy by beating in front of Khan Engineering Workshop for the charge of stealing. He heard that Rajon’s father lodged supplementary F.I.R involving the accused Sadik Ahmed @ Moyna, Mohit Alam, Qamrul Islam, Shamim Ahmed and other. He also heard that the accused Mohit Alam was apprehended at Kumargaon area while carrying the dead body of the deceased Rajons for concealing. The parents of Noor Ahmed handed over the accused Noor Ahmed to the police. Police seized the mobile phone set along with memory card and sim from the accused Noor Ahmed. He has identified the seizure list (exhibit-11) and his signature therein marked as exhibit-11/1. He also identified the mobile phone set, memory card with sim marked as material exhibit-IV series.

He further deposed that the said memory card contains the video recording/footage of the occurrence. He heard that accused Sadik Ahmed @ Moyna, Qamrul Islam, Mohit Alam, Ali Haidar, Shamim Ahmed, Noor Ahmed, Dulal Ahmed and some other beat the deceased Rajon. In-cross examination he stated that he watched video footage but he did not see the accused Noor Ahmed in recording to the video footage but he heard that the accused Noor Ahmed recorded the video footage.

 He further stated that he saw the accused Qamrul Islam, Dulal Ahmed and Sadik Ahmed @ Moyna in the video footage. He did not see the accused Mohit Alam, Shamim Ahmed and Noor Ahmed in the video footage.

P.W.15 Anwarul Haque. He heard that 13 accused persons including the accused Qamrul Islam, Moyna are involved in murdering the deceased Rajon by beating at the workshop of Kopali Babu of Lalai Miah Market. He saw the video footage and poster.

He further deposed that the police recovered a mobile phone set, memory card with sim and battery from the accused Noor Ahmed and prepared a seizure list thereof. He identified his signature in the seizure list (exhibit-11) marked as exhibit-11/2. He further deposed that the seized mobile phone set was used to record the sceneries of the occurrence. He admits his statement to the investigation officer. He has identified the accused Noor Ahmed in the dock of the court and alamat (mobile phone set, battery, sim and memory card).

In-cross examination he stated that the parents of the accused Noor Ahmed handed over the accused Noor Ahmed to the police. In the statement recorded under section 161 of the Cr.P.C. this witness has stated that the accused Qamrul Islam, Sadik Ahmed @ Moyna, Zakir Hossain @ Pabel detained the victim Rajon and beat him to death.

P.W. 16 Belal Ahmed an inhabitant of Kumargaon residential area. He deposed that on 08.07.2015 he saw gathering of 200/300 peoples including police at the place of occurrence. He saw a dead body of a child of about 13/14 years inside the microbus. He also heard that the local people apprehended the accused Mohit Alam and 3 of his accomplices were able to flee away. Later on, he came to know that the dead body was of the deceased Rajon beaten to death at a workshop of a market opposite to Kumargaon Borogaon Jame Mosque. This witness is declared hostile by the prosecution.

P.W. 17 Abdul Mannan deposed that he heard that accused Qamrul Islam, Sadik Ahmed @ Moyna and 10/12 others beat the deceased Rajon to death in a workshop of Lalai Miah Market. He saw gathering of 12/14 persons in front of Lalai Miah Market at 7:00/8:00 a.m. on 08.07.2015. In-cross examination he recognized the suggestion that accused Qamrul and Moyna was involved with the occurrence.

P.W. 18 Md. Kurban Ali deposed that at about 1:00/1:30 p.m. on 08.07.2015 the local people apprehended the accused Mohit Alam and 3 other miscreants were able to flee away they were carrying the dead body deceased Rajon for the purpose of the concealment by the microbus. He has identified the accused Mohit Alam and Moyna in the dock of the court. The accused Mohit Alam is the brother of the accused Qamrul Islam they handed over the accused Mohit Alam to the police. He saw a dead body of child of about 12 or 14 years inside the microbus and the dead body was kept concealed under the seat there of.

He has identified his signature in the inquest report (exhibit-1) marked as exhibit-1/4. Later on, he heard that 12/13 accused persons murdered the deceased by beating thereafter the miscreants carried the dead body by a microbus for the purpose of concealment. He further deposed that he saw the accused Qamrul Islam, Sadik Ahmed @ Moyna, Zakir Hossain @ Pabel, Shamim Ahmed beating the deceased Rajon in the video footage. The inquest report was prepared after shifting down the dead body from the microbus.

In-cross he stated that he did not physically witness the 1st occurrence. But he watched in the

video footage that the accused Qamrul Islam, Sadik Ahmed @ Moyna, Zakir Hossain @ Pabel and one or two other beat the deceased Rajon. He knows the accused Qamrul Islam earlier and he was a Saudi Arabian emigrant.

It is found that P.W. 18 Mr. Kurban Ali is a vital witness as because he saw the dead body of the deceased Rajon inside the microbus. He also saw that the local people apprehended the accused Mohit Alam and 3 others miscreant were flee away from the microbus and he is the witness of the seizure list of the inquest report moreso he is the witness of video footage where he saw that the accused Qamrul Islam, Sadik Ahmed @ Moyna, Jakir Hossain @ Pabel, Shamim Ahmed were beating the deceased Rajon in the video footage. It appears that in the cross examination defence could not able to shaken this witness.

P.W. 19 Aftab Miah an inhabitant of Kumargaon residential area has deposed that he saw a dead body of a boy of 13/14 years inside the microbus. He heard that the accused Mohit Alam, Ali Haidar, Qamrul Islam, Sadik Ahmed @ Moyna, Shamim Ahemd were in the microbus. The accused Mohit Alam was apprehended by the local people and later on handed over to the police. Other 3 accused were able to flee away. He identified his signature in the inquest report marked as exhibit- 1/5. He saw swelling or bluish injuries on the head, hands, legs and all over the body of the deceased. He heard that the deceased was beaten to death by fastening his hands from his behind with a pillar in front of Khan Engineering Workshop.

In-cross examination he says that about 300 persons gathered in the occurrence place. He denied the suggestion of stealing rickshaw-van from the garage of Ali Haidar @ Ali.

P.W. 20 Abdul Karim deposed that at about 1:30 p.m. he saw a dead body inside the microbus standing in front of the shop of Belal. He heard that the accused Qamrul Islam, Mohit Alam, Shamim Ahmed, Sadik Ahmed @ moyna beat the deceased to death and they were carrying the same for concealment.

He watched the video footage of the occurrence. He further deposed that he watched the accused Mohit Alam, Sadik Ahmed @ Moyna, Qamrul Islam, Ali Haidar and some other in the video footage. He identified the accused Mohit Alam, Sadik Ahmed @ Moyna, Ali Haidar in the dock of the court.

In-cross examination he stated that he downloaded the video recording in his mobile phone set from a shop at Tukerbazar. The video footage was of 34 minutes. He saw the microbus and the dead body of the deceased but he did not witness the occurrence. He did not see the accused Mohit Alam and Ali Haidar in the video footage.

P.W.21 Gias Uddin an inhabitant of Sheikhpara and a U.P. Member of Ward No. 1 of Tukerbazar Union Parishad. He deposed that on 08.07.2015 at about 12:30/1:00 p.m. at the instruction of S.I. Aminul Islam he came in front of the shop of one Belal and saw a microbus there. He also saw a dead body of a boy about 13/14 years. He heard from people that the accused Mohit Alam took the microbus to place of occurrence and the local mob apprehended him and handed over to the police. Thereafter police prepared an inquest report (exhibit-1) in his presence and he identified his signature therein marked as exhibit- 1/7. He also identified his signature on seizure list marked as exhibit- 2/3. He heard that deceased Rajon was beaten at Khan Engineering Workshop and a garage of one Kopali Babu situated at Lalai Miah Market opposite to Borogaon Jame Mosque. He further deposed that he watched the accused Qamrul Islam, Sadik Ahmed @ Moyna and others in the video footage.

In-cross examination he stated that the accused Qamrul Islam and others are his villagers and he is the U.P. Member thereof. He heard that the accused Sadik Ahmed @ Moyna and others beat the deceased for the false charge of stealing in fact, for not consenting to the ill proposal of sodomy. He further stated the seizure list was prepared after shifting down the dead body of the deceased from microbus. He also stated that the police did not read over to him the contents of inquest report and seizure list.

P.W.22 constable Moniruzzaman deposed that he was the companion of S.I. Aminul Islam and they were on duty, they reached at the place of occurrence at about 2:00 p.m. They saw a dead body inside a microbus of white colour and gathering of 200/300 people there. The apprehended accused Mohit Alam was handed over to them.

S.I. Aminul Islam (informant) prepared an inquest report of the dead body and a seizure list of microbus. They returned to the police station with the microbus along with the apprehended accused Mohit Alam. Later on, he came to know that the dead body was of the deceased Rajon. Subsequently he heard that the accused Qamrul Islam, Mohit Alam, Sadik Ahmed@ Moyna, Dulal Ahmed and others beat the deceased Rajon to the death at a garage of Kumargaon area.

P.W. 23 Constable Md. Zakir Hossain deposed that on 08.07.2015 he carried the dead body of the deceased Rajon received from S.I. for sending it to the hospital Morgue for autopsy. He is identified his signature in the chalan (exhibit-3) marked as exhibit-3/2. He further deposed that the dead body of Rajon was handed over on 09.07.2015 to his uncle Ruhel Ahmed. He identified C.C (exhibit-12) and his signature therein marked as exhibit-12/1.

In-cross he stated that he took the dead body to the Forensic Department of Sylhet Osmani Medical College Hospital and also took it to mortuary of cold storage of the said hospital. He cannot say who was in charge of cold storage at that time.

P.W. 24 Abdul Mannan deposed that he is the owner of the seized microbus bearing no. Dhaka- Metro-Cha-54-0516. He further deposed that he sent the said microbus to the workshop of Shamim for repair and one Shahab Uddin @ Shajai was his driver. He told him that this microbus was detained at Kumargaon area with a dead body and the accused Mohit Alam was apprehended by the local mob.

He saw the occurrence in the television and mobile phone set. He has admitted his statement to investigation officer. In-cross he stated that he did not see the accused Mohit Alam in the video footage. But he saw the accused Qamrul Islam in the video footage.

P.W. 25 Sudip Kopali deposed that he owns a workshop at the market of Lalai Miah, the workshop of Shamim Ahmed stands behind his workshop. Khan Engineering Workshop stands in front of his workshop. He came to his workshop at 12:30 p.m on 08.07.2015 and heard that a boy was murdered there by fastening him with a pillar situated in front of his workshop. He also heard that 10/12 persons including the accused Qamrul Islam and Sadik Ahmed @ Moyna beat the boy to death and thereafter the dead body were being carried by a microbus for concealment. The local people apprehended the accused Mohit Alam red-handed. He identified the accused Mohit Alam, Sadik Ahmed @ Moyna in the dock of the court. He knows the accused Mohit Alam earlier.

In-cross examination he stated that he did not witness the occurrence. He knows the accused Shamim and Qamrul Islam.

It appears that P.W.19 Aftab Miah, P.W.20 Abdul Karim and P.W.21 Gias Uddin are Member of that local area deposed that they saw the said microbus and dead body of Rajon and accused Muhit Alam in the occurrence place of Kumargaon. It is found that they also support and corroborate the evidence of P.W.18 and the confessional statement of the accused Muhit Alam.

P.W.29 Constable Faisal Ahmed deposed that he was a companion of S.I. Aminul Islam (informant) and went to Kumargaon residential area with him. . He saw the dead body of a boy of 14/15 years age in the microbus o white colour. The accused Muhit Alam was apprehended by the local people and handed over to them. He was apprehended at the time of carrying the dead body by a microbus for concealment. He heard that the accused Sadik Ahamed @ Moyna, Shamim Ahamed, Ali Haider fled away.

In-cross he stated that the informant S.I. Aminul Islam was suspended. The dead body of the deceased was sent to the Morgue of Sylhet Osmani Medical College Hospital.

P.W.30 Akter Hossain Officer in charge of Sylhet Jalalabad Police Station deposed that on 09.07.2016 Sheikh Md. Azizur Rahman Alam, father of the deceased Samiul Alam Rajon, lodged an F.I.R. agaisnt 9/10 persons specifically disclosing the name of accused Muhit Alam, Ali Haider, Qamrul Islam, Sadik Ahamed @ Moyna. He identified his 2 signature on the said F.I.R. (exhibit-6) marked as exhibit-6/2 series. He recorded the F.I.R. as G.D. entry No.356 dated 09.07.2015 because, S.I. Aminul Islam filed the F.I.R. on 08.07.2015 in respect the same occurrence. He appointed Mr. Alamgir Hossain to investigate the case. He admits that S.I. Aminul Islam is on suspension.   

In-cross he stated that in the F.I.R. of Rajon’s father shown the date, time and place of occurrence on 08.07.2015 at about 8.15 A.M. and Temkuhi by-pass point near bridge respectively.

P.W.31 S.I. Ariful Haque deposed that he verified the name, address and P.C.& P.R. of the accused Muhit Alam , Sadik Ahamed @ Moyna, Ali Haider, Tajuddin Ahamed @ Badol, Noor Ahmed @ Noor Miah, Ruhul Amin @ Ruhel, Ismail Hossain @ Abdul, Ahmed Ullah, Lipi Aktar and Qumrul Islam are found it correct.

In-cross the witness is declined by defence.

P.W.32 S.I. Mohadeb Bachar deposed that on the basis of enquiry slip he verified the name, address and P.C. & P.R. of the accused Zakir Hossain @ Pabel @ Raju.

P.W.33 S.I. Sahmim Akanjee and P.W.34 S.I. Sohel Rana deposed that on the basis of enquiry slip they verified the name, address and P.C. & P.R. accused Ayaz Ali and accused Firoz Ali are found correct.

P.W.28 Dr. Tahmina Islam deposed that she is a student of Diploma Course of Forensic Medicine Department of Sylhet Osmani Medical College Hospital. She with the assistance of Assistant profession Dr. Abu Ahmed Adiluzzaman and Lecture Dr. Shamsul Islam held post mortem examination of the dead body of deceased Samiul Alam Rajon(15) on 09.07.2015 at about 1.00 p.m. and found 64 multiple bruises of variable sizes and shapes at different parts of the body especially forearm, thigh, legs, hands, chest, abdomen, forehead which were found under lape. Maximum length was 7 inches and minimum length is 2ʺ inches pale was 3ʺ inches and maximum 2ʺ inches. All bruises were fresh before death and bluish red in colour. Scalp was found injured, skull was found fissured fractured red over the left parietal bone. Meanings was found injured, sub-dural hemorrhage was marked, pale was due to effect

She says in cross-examination that she is a student of Diploma Course of Forensic Medicine Department. She can sign the post mortem examination report. She also says in cross- examination that Dr. Abu Ahmed Adiluzzaman and Lecturer Dr. Shamsul Islam have not put their signatures on it. In the inquest report it is mentioned that it was prepared at Kumargaon area and thereafter the dead body of deceased was sent to the morgue of Sylhet Osmani Medical Hospital through Constable Zakir Hossain after preparing the inquest report. In the F.I.R the informant S.I Aminul Islam has also mentioned that after preparing inquest report he sent the dead body to the hospital morgue. She says in cross-examination that in the order of DM .DC. It is stated that the students of Diploma Course of Forensic Department shall hold as many as 150 post mortem examinations and put signatures on these. She admits in cross- examination that in the report of the name of Dr. Abu Ahmed Adiluzzaman and Dr. Shamsul Islam are not mentioned.

P.W.26 Mr. Md. Shadedul Karim, Metropolitan Magistrate 1st Court, Sylhet deposed that he recorded the confessional statement of the accused Ajmat ullah, Firoz Ali, Haider ali and Ayaz Ali on 14.07.2015, 14.07.2015, 23.07.2015 and 28.07.2015 respectively by observing all legal formalities enunciated in section 164 of the Code of Criminal Procedure . He gave a certificate at the

end of the confessional statement to the effect

that the same to be true and voluntary. He has

indentified the statement of the accused Azmat

Ullah (exhibit-13) and his signature on it marked

as exhibit 13/1 series. He also identified two

signature of the accused Azmat Ullah therein

marked as exhibit13/A series. In the confessional

statement the accused Azmat Ullah has stated

that.... “Na h¤dh¡l pL¡m 8.00 V¡l ¢c−L A¡j¡l Ù»£ O¤j ®b−L S¡¢N−u h−m ®k, ®N−l−S L¡jl¦m HL¢V ®R−m−L j¡l−Rz E−W B¢j ®pM¡−e k¡Cz ¢N−u ®c¢M jue¡ Bl L¡jl¦m HL¢V 12/13 hR−ll h¡µQ¡−L M¤¢Vyl p¡−b ®h−d l¦m J m¡¢W ¢c−u j¡l−Rz ¢L qC−R S¡e−a Q¡C−m iÉ¡e Q¤¢l L−l−R h−m S¡e¡uz Bp¡j£l iÉ¡eQ¤¢l Ll−R h−m ®R¡V ®R−mV¡−L j¡l¢Rmz B¢j iÉ¡eV¡−L IM¡−e ¢Rm ®c¢Mz a¡C h¡µQ¡V¡−L ®R−s ¢c−a h¡ f¤¢m−n ¢c−a h¡ a¡l h¡h¡-j¡−L ¢hQ¡l ¢c−a h¢mz a¡l¡ e¡ ö−e Em−V¡J ®Q¡−ll

m−N h¡¢d ¢fV¡j¤ h−m iu ®cM¡uz Bj¡l Ù»£ Bj¡−L ¢e−u k¡uz

B¢j S¡m ®gm−a Q−m k¡Cz 9.00 V¡ -9.30 V¡l pju Ù»£ L¡æ¡ Ll−a Ll−a S¡e¡u ®k, h¡µQ¡V¡−L a¡l¡ ®j−l ®gm−Rz B¢j h¡p¡u H−p ®cu¡−ml Efl ¢c−u ®c¢M h¡µQ¡V¡l m¡n f−s B−Rz HLV¤ f−l HLV¡ j¡C−œ²¡h¡p B−pz L¡jl¦m, j¤¢qc L¡jl¦−ml

i¡C Bm£ N¡¢sl ¢ia−l ¢Rmz XÊ¡Ci¡l−L ®c¢M¢ez N¡¢s−a m¡n a¥−m a¡l¡ Q−m k¡uz c¤f¤l−hm¡ f¤¢mn m¡n EÜ¡l L−l h−m ö−e¢Rz A¡¢j HaV¤L¥ S¡¢ez”

P.W.26 further indentified the confessional

statement of accused Firoz (exhibit-14) and his 7

signature marked as exhibit-14/1 series. He also

identified that the accused Firoz Ali put 3 thumb

impressions on it. In the confessional statement

the accused Firoz Ali has stated that “B¢j L¤j¡lN¡yJ

nl£ua Bm£l ¢h¢ôw Hl ®Lu¡l ®VL¡l ¢qp¡−h b¡¢Lz Na h¤dh¡l pL¡m−hm¡ S¡m ®f−a pL¡m Ae¤j¡e 8.00 V¡l ¢c−L h¡p¡u

¢g¢lz qW¡v f¡nÄÑha£Ñ ®N−lS ®b−L J j¡C−N¡ J j¡C−N¡ f¢e M¡Ca¡j h−m HLV¡ h¡µQ¡ ®R−ml L¡æ¡ ö¢ez A¡¢j HL ®h¡am f¢e ¢e−u ¢N−u ®c¢M h¡h¤l ®c¡L¡−el p¡j−e HL¢V 12/13 hR−ll h¡µQ¡−L M¤¢Vyl p¡−b ¢fR−j¡s¡ L−l ®h−d L¡jl¦m L¡−m¡ HL¢V l¦m ¢c−u, Bl jue¡ HLV¡ m¡¢W ¢c−u j¡l−Rz ®pM¡−e A¡−l¡ fСu 20 Se j¡e¤o ¢Rmz ¢L qC−R ¢S‘¡p Ll−m ®q iÉ¡e Q¤¢l L−l−R h−m jue¡ ¢ju¡ S¡e¡uz f −ul f¡a¡ ®b−L j¡b¡ fkÑ¿¹

p¡l¡ nl£−l HC c¤CSe ®R−mV¡−L j¡−lz B¢j f¡¢e ¢c−a Q¡C−m

jue¡ ¢ju¡ Bj¡−LJ j¡l−a EcÉa quz B¢j HLV¤ c¤−l p−l

B¢pz jue¡ ¢ju¡ ®R−mV¡l N¡−u HLV¤ L−l f¡¢e ¢RV¡ ®cu ¢L¿º

f¡¢e ®M−a ®cu e¡z I f¡¢e h¡µQ¡V¡ q¡a ¢c−u j¤−R ¢e−u M¡Ju¡l

−Qø¡ L−lz a¡lflJ a¡−L f¡¢e ®cu¡ qu¢ez zB¢j ¢h¢ôw H Q−m

B¢p z HLV¤ f−l 9.30 V¡l ¢c−L c¤l ®b−L −c¢M a¡−cl p¡−b

f¡−nl ®c¡L¡−el j¤¢qa J ®k¡N ¢c−u−Rz a−h a¡−L j¡l−a

®c¢M¢ez B¢j ®gla Q−m B¢pz Bp¡l pju ®c¢M h¡µQ¡V¡ L¡ ay q−u j¡¢V−a f−s B−Rz c¤f¤l Ae¤j¡e 11.30/12.00 V¡l ¢c−L ®n¡l−N¡m quz −m¡LSe ®c±s¡−c±¢s L−lz ®h¢l−u ®c¢M A−eL j¡e¤oz f¤¢mn H−p−R L¥j¡l N¡yJ−uz ö¢e j¤¢qc−L I h¡µQ¡¢Vl m¡npq b¡e¡u ¢e−u ®N−Rz B¢j HaV¤L¥ S¡¢ez Bj¡lJ 5¢V p¿¹¡e

B−Rz HC ®R¡V h¡µQ¡−L j¡l¡l pju iu ®f−u ¢N−u ®L¡e ¢QvL¡l Llm¡j e¡z ®pC SeÉ A¡S A¡j¡l n¡¢Ù¹z”

It appears this is ex-culpatory statement. He tried to give water to the thruesty deceased for drinking. But Moyna does not allow him to do so. Apartfrom that he has no participation over the beating and killing of the victim Razon and there is no any evidence against him. In such fact and circumstances he might have been a good witness of this case instead of an accused. But his statement presented one real picture of the activities of the accused in this case. Though ex- culpatory statement has no importancy in the eye of law.

P.W.26 Mr. Md. Shedul Karim, Metropolitan Magistrate, 1st Court, Sylhet identified the confessional statement of the

accused Ali Haider @ Ali (exhibit-15), his 7

signature on it marked as exhibit 15/1 series and

three signature of the confessing accused Ali

Haider therein marked as exhibit-15/A series. In

the confessional statement the accused Ali

Haider @ Ali has stated that “pL¡m Ae¤j¡e 6.30/7.00 V¡l pju Bj¡l i¡C n¡j£j H−p S¡e¡u ®k,

h¡S¡−ll ®Q±¢Lc¡l jue¡ a¡−L S¡¢e−u−R Bj¡l iÉ¡eN¡¢s Q¤¢l Ll¡l pju a¡l¡ HLSe¡ ®Q¡l d−l−Rz iÉ¡eN¡¢s ¢e−u ®N−R¢e? ¢S‘¡p Ll−m, ¢e−a f¡−l e¡C, S¡e¡uz ®Q¡l−L ¢L Llh¡j? S¡e−a Q¡C−m R¡Cs¡ c¡Jh¡ h−m B¢j O¤¢j−u f¢sz Hl fСu Bd¡ O¾V¡ f−l ®Q±¢Lc¡l Bj¡l Bh¡l ®g¡e Ll−m n¡j£−j Bj¡−l LC−R−lh¡ a¡−l R¡¢s ®c, h−m B¢j Bh¡l O¤¢j−u f¢sz fСu 10.00 ¢c−L n¡j£j Bh¡l A¡¢pu¡ h−m a¡l¡−a¡ f¤u¡−l ®hýn LCl¡ m¡C−RzLÉ¡−l a¡−l q¡pf¡a¡−m ¢em e¡ B¢j N¡Cm f¡¢sz n¡j£j Bl B¢j ¢N−u f¤u¡−l h¡h¤l Ju¡LÑn−f fs¡ ®c¢Mz

Bl ese Qse B¢Rm e¡z j¢qa a¡l ®c¡L¡−el h¡l¡ (h¡¢q−l),

jue¡−l l¡Ù¹¡u −c¢Mz f−l ®j¢X−Lm ¢eh¡l m¡¢N N¡¢s Be−a k¡Cz jue¡ f¡m¡C−a Q¡uz a¥C f¡m¡R ¢La¡l m¡¢N, h−m a¡−l BVL¡Cz n¡j£−jl Ju¡ÑLn−fl m¡C−Vp ¢e−u ®p XÊ¡C¢iw H hu (h−p) j¤¢qa Bl jue¡ l¡S−el m¡n N¡¢s−a a¥−mz N¡¢sl

¢ia−l B¢j, j¤¢qa, jue¡ hC(h¢p)z B¢j q¡pf¡a¡−m k¡C−a

LC−m n¡j£j Bl j¤¢qa Lu, H¢V j¢l ®N−Rz m¡n AeÉ S¡uN¡u ¢e−u g¡m¡C−a AChz H h¢m N¡¢s L¥j¡lN¡yJ Hl ¢c−L Q¡m¡uz f−b ¢aeS−e f−qm¡ N¡¢s BVL¡uz p¤−k¡N f¡Cu¡ Bj¡l¡ f¡m¡Cz ®N¡f−e Q−m k¡Cz f−l ¢Q¿¹¡ L¢l HL¢ce e¡ HL¢ce dl¡ M¡Cj, a¡l ae f¤¢m−nl L¡−R dl¡ ¢c−m¢e A¡õ¡q Bj¡l j¡g

L−lz H ¢Q¿¹¡ ae (¢Q¿¹¡ ®b−L) Hm¡L¡l ®jð¡−ll j¡dÉ−j D−cl B−Nl ¢ce f¤¢m−nl L¡−R dl¡ ®cCz”

The recording Magistrate P.W.26 has indentified the confessional statement of Ayaz Ali (exhibit-16), and his 7 signature on it marked as exhibit -16/1 series. He says in chief that the confessing accused put his 2 thumb impressions

in the confessional statement. The confessing

accused Ayaz Ali has stated in his confessional

statement that “B¢j ®pql£ ®M−u e¡j¡S f−s m¡−u−Ll ®c¡L¡−e k¡Cz ®p¢ce h¤dh¡l ¢Rmz ¢N−u a¡l ®c¡L¡−e i£s ®c¢Mz m¡−u−Ll Ae¤−l¡−d ¢p.He.¢Sl Q¡L¡l ¢mL L¡V¢Rm¡jz aMe ®Q±¢Lc¡l jue¡ H−p V¡e ¢c−u A¡j¡−L c¡s L¢l−u q¡−al Cn¡l¡u HLV¡ 12/13 hR−ll ®R−m−L HL¢V iÉ¡eN¡¢s Q¡m¡C−a ®cM¡uz h¡µQ¡ ®Mm−R, a¡−a ¢La¡ AC−R, h−m B¢j A¡h¡l A¡j¡l L¡−S ®m−N f¢sz 10/15 ¢j¢eV f−l jue¡ I ®R−m−L d−l ¢e−u

l¢n B−R¢e, h−m ¢S‘¡p L−lz B¢j l¢n ®hl L¢lz ®R−mV¡ ®Q¡l h−m jue¡ a¡−L l¢n ¢c−u h¡¢d−a h−mz l¡Ù¹¡l Em−V¡ f¡−nÄÑ ¢e−u

¢N−u h¡h¤l Ju¡LÑn−fl HL¢V ¢p−j−¾V ¢fm¡−ll p¡−b I ®R−m−L h¡¢dz jue¡ d−l ®l−M¢Rm, B¢j ®h−d¢Rz jue¡ ®R−mV¡−L L−uLV¡ Qs j¡−lz B¢j ®pM¡−e ®b−L Q−m B¢pz h¡¢s Q−m k¡Cz c¤f¤l−hm¡ öe−a f¡C ®k, a¡l¡ ®R−m¢V−L ¢f¢V−u ®j−l j¡C−œ²¡h¡p ¢c−u m¡n ¢e−u …j Ll¡l ®Qø¡l Ll¡l pju SeNe m¡npq j¤¢qa−L BVL L−l zHC Bj¡l Sh¡eh¢¾cz”

P.W.27 Mr. Md. Anwarul Haque, Metropolitan magistrate, 2nd Court, Sylhet stated that he recorded the confessional statement of the accused Sadik Ahmed @ Moyna, Dulal Ahmed, Noor Ahmed and Muhit Alam on 20.07.2015, 21.07.2015 and 27.07.2015 respectively observing all legal formalities mentioned in sections 164 and 364 of the Code of Criminal Procedure.

He has given certificate to each of the confessional statement to the effect that he found their confessional statements true and voluntary. He has identified the confessional statement of the accused Sadik Ahmed @ Moyna (exhibit-17) his 6 signature on it marked as exhibits-17/1 series and 4 signatures of the confessing accused are marked as exhibits-17/A series. In the

confessional statement of the accused Sadik

Ahmed @ Moyna stated that “OVe¡l ¢ce Ab¡Ñv 08-

07-2015 Cw a¡¢lM pL¡m Ae¤j¡e 6.00 O¢VL¡l pju Eš² j¡−LÑ−Vl m¡−uL Hl imL¡e¡C¢Sw ®c¡L¡−el p¡j−e hp¡ ¢Rm¡jz

Eš² Ju¡LÑnf j¡−LÑ−Vl B¢j e¡CV N¡XÑz m¡−uL Hl ®c¡L¡−e aMe q¡mL¡-f¡am¡ mð¡ Ns−el HLSe ®m¡LJ hp¡ ¢Rmz B¢j

a¡l e¡j S¡¢e e¡z m¡−uL i¡C a¡l e¡j S¡−ez Eš² ®m¡−Ll hup

Ae¤j¡e 50 hvpl qC−hz Eš² mð¡ ®m¡L¢V aMe LC−R, A¡m£l ®c¡L¡−e HLSe j¡e¤o q¡j¡−µRz a¡L¡Cu¡ ®c¢M HLSe ®f¡u¡ iÉ¡eN¡¢s Q¡m¡Cu¡ BN-f¡R Lla¡−Rz mð¡ ®m¡L¢V h−m iÉ¡eN¡¢s mCu¡ k¡l¢N(¢eu¡ k¡C−a−R)z mð¡ ®m¡L¢V Hhw B¢j ®c±s¡Cu¡ l¡Se e¡−jl ®R−m¢V−L d¢lz aMe h¡C-f¡−pl m−Nl Ju¡LÑnf j¡−LÑ−Vl e¡CV N¡XÑ ¢g−l¡S ®Q±¢Lc¡l (L¡m¡ hªÜ j¡e¤o) ®c±s¡Cu¡ Bj¡−cl L¡¾c¡u (d¡−l) Hhw h−m i¡¢aS¡ ®Q¡−ll h¡C¾c¡ bz mð¡ ®m¡L¢V aMe m¡−u−Ll ®c¡L¡e ®b−L e¡Cme c¢s (k¡l lw L¡−m¡) ¢eu¡ B−pz j¡−cl j¡−LÑ−Vl

p¡¢î l q¡S£l hs i ¡C−ul ®c¡L¡−el h¡l¡¾c¡u l¡Se−L ¢eu¡

k¡Cz B¢j c¤Cq¡a ¢fRe ¢cu¡ dl¢R Bl mð¡ ®m¡L¢V l¡Se−L

M¤¢Vyl p¡−b h¡¢¾c−Rz Hlfl B¢j A¡m£l Bfe i¡C ®nMf¡s¡l

n¡j£j−l ®g¡e ¢c¢Rz n¡j£j aMe h−m h¡C¾c¡ l¡M, B¢j BCl¡j (B¢p−a¢R)z p¡−b p¡−b L¡jl¦m OVe¡ÙÛ−m B−p f¡−hm−L ¢eu¡z L¡jl¦m q−m¡ Bm£l Bfe i¡Cz f¡−hm ®nMf¡s¡u i¡s¡ b¡−Lz

a¡l j§m h¡¢s ¢cl¡C, p¤e¡jN”z ®p ¢p−mV X¡h J a¡m ®h−Qz L¡jl¦m Bp¡l fl Bm£−L ®g¡e ®cCz Bm£J h−m h¡C¾c¡ l¡M, B¢j BCl¡jz L¡jl¦m Hhw f¡−hm BCp¡ l¡S−el N¡−m Qs

b¡ès j¡−lz Bj¡l q¡−a L¡−m¡ ®Vf ®fR¡−e¡ HLV¡ m¡¢W ¢Rmz

L¡jl¦m Bj¡l q¡a ®b−L Eš² m¡¢W¢V ®euz L¡jl¦m a¡l fl−el

m¤¢‰ j¤s¡Cu¡ m¡¢W¢V−L ¢fR−e O¤l¡Ca¡−R Hhw LCa¡−R B¢j

e¡uL Hhw Mm e¡uL z L¡jl¦m fÐb−j l¡Se−L m¡¢W ¢cu¡ ®N¡b¡

j¡−l  z  e¤l  Bqj−cl  Ju¡LÑnf  ®b−L  e¤l  Bqjc  BN¡Cu¡