AVRO
ফৌজদারী : হত্যা মামলা

Heading of Judgement of Sessions Case

Court of Session, Original Jurisdiction.

 

District:- Kushtia

In the Court of 1st Additional District and Sessions Judge, Kushtia.

Present : Mr. Md. Tajul Islam, Additional Sessions Judge, Kushtia.

 

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   Sessions Case No. 1070/2020

(Kumerkhali G.R Case No. 60/2018)

 

Date of judgment:

State Vs Accused

1) Md. Mehedi Hasan, (Confessional Statement, 164)

2) Md. Shahidur Rahman @ Piru Mithun (Confessional Statement, 164)

3) Md. Mehedy Hasan @ Joj (active participant)

4) Md. Nahid Hasan (in offence of murder,)

5) Munshi Anik Hasan (Active participant in offence of murder)

6) Md. Wadud Islam @ Raju (Co-accused).

 

Charge:- Under Sections 364/302/201/379/411 read with Section 34 of The Penal Code 1860. 

1.     Anup Kumar Nandy..........Ld. PP for the State.

2.     Jahangir Alam Galib,

3.     Mr.Aminuzzaman Biswas Raju,

4.     Golam Mowla ........learned Addl. P.P: For the State.

    and

1. Mr. Md. Shafikul Islam Polash

     2. Mr. Md Abu Zaffore Siddique

     3. Mr. Adv. Hasanur Askar Hasu

     4. Mr. Md. Asaduzzaman Khan......... learned Advocate for accused-persons.

 

JUDGEMENT

1. This is a brutal and preplanned  ‘Imran’ murder case. The case is lodged under section Under Sections 143/448/302/34 of The Penal Code 1860. Victim Imran an young man of only 22 years old while he was supposed to dream a good dream and to build up his career but at that time he (victim) was prey to be killed by some known friends and unknown young man like some miscreants and was killed finally when the murderer were failed to take away/snatching the motorbike from him and brutally the accused (FIR and charge sheeted named) slaughtered and cut throat to the victim and beheaded with a sharp knife and that offence was so brutal in nature and inhumane that was beyond description. Offence of murder is not only an offence against person but it is always a crime against humanity and crime against society and at large at state. It would be presumed that the state must ensure the justice and would punish the criminals for the crime of murder. In the instant case it reveals that the FIR named accused Md. Mehedi Hasan and Piru Mithun with preplanned called on the victim over mobile phone and executed the plan of stealing the victim’s Motorbike and while to some extent being failed to steal motorbike the accused persons all in furtherance of common intention killed the victim Imran with the active assistance of other four accused namely Mehedi Hasan Joj, Nahid, Anik and Wadud @Razu. Now I will tell a tale in deatils how the victim Imran was kidnapped & killed and the offence of killing committed.   

 

Prosecution Case:-

2. That prosecution version may briefly be stated that the informant Md. Badsha Sheikh son of Late Moslemuddin, Village- Monohorpur, Police Station- Kumerkhali, Kushtia lodging the Ezahar (herein FIR) stating inter-alia that informant Md. Badshah Sheikh filed a complaint with Kumarkhali Police Station on 20/3/2018 A.D to the effect that his eldest son Imran Sheikh had eaten at Mizan's house in Raydanga village on 16/3/2018 A.D. at around 3.10 pm after eating a phone call came at 01756055033 from the number to his son's phone number is 01710343967. In fact, he kept his own mobile phone from that place with the informant's younger brother's son Md. Shishir. That Imran left for Manoharpur village with his own used red and black 150cc Pulsar motorcycle (engine No. DHYWHH18539, chassis No. MD2-A11-CY7-HWH-86751). Shishir, the son of his younger brother, received the call again on his son's mobile from 01722-599121 and said, "My brother left the mobile with me and left." As the son of the complainant did not return home even after evening, he called the number and asked about his son. After much searching, she could not find her son and continued searching. Later on 18/3/2018 A.D. at around 9.30 am, Md. Sayem from Manoharpur village called him and informed him that Mehedi had informed Sayem that there was a decapitated headless corpse lying in Sadarpur maize field. Mehdi identified the decapitated body as that of Imran. The informant quickly went to the spot and saw a headless decapitated body lying naked in the corn field of Mohammad Zaheer of Sadarpur village. He identified the body as that of his son. Witnesses Badal, Md. Nur Alam, Md. Naib Ali and many others were present at his shout. According to the ‘Ezahar’of the petitioner at any time between 19.00 hrs on 16/03/2018 A.D. to 9.30 hours on 18/3/2018 A.D. the accused 1. Mehedi Hasan, 2. Md. Piru Mithun and other unidentified persons abducted his son in a pre-planned manner and at that place they took him, cut his throat and killed him and stole her son's used motorcycle. The plaintiff filed an ‘Ezahar’ in this case in the light of this incident. After receiving the news, the police came to the spot, prepared an inquest report of his son's body and sent it to Kushtia General Hospital Morgue for autopsy. After informing his relatives about this, there was a slight delay in filing an FIR/Ezahar to the Police station .Hence this case of the prosecution in short.

3. On the basis of the above FIR, Kumerkhali P.S. case No. 16 dated 20-03-2018 A.D. was started.  That the offence in question was investigated by the investigation officer and that the investigation officer went to the place of occurance and prepared ‘Sketch-Map’ and ‘Index’ and that the investigation officer recorded the statements of witnesses under section 161 of the Criminal Procedure Code and that the investigation officer finding preliminary evidence relating to the offence in question submitted Charge-Sheet No. 73 dated 23-04-2020 A. D against the accused persons namely (1) Md. Mehedi Hasan, 2) Md. Shahidur Rahman @ Piru Mithun, 3) Md. Mehedy Hasan @ Joj and (4) Md. Nahid Hasan, 5) Munshi Anik Hasan @ Imran & 6) Md. Wadud Islam @ Raju  under section 364/302/201/379/411/34 of the Penal Code 1860.  

4. That ld. Chief Judicial Magistrate, Kushtia transferred the Case record to this Sessions Court for trial. That receiving the Case record this Sessions Court considered the Case and took cognizance and fixed the date for framing out charge against the accused persons  namely (1) Md. Mehedi Hasan, 2) Md. Shahidur Rahman @ Piru Mithun, 3) Md. Mehedy Hasan @ Joj and (4) Md. Nahid Hasan, 5) Munshi Anik Hasan @ Imran & 6) Md. Wadud Islam @ Raju  under section 364/302/201/379/411/3 of the Penal Code and that charge was framed out in presence of accused persons and that charge was heard and read over and that accused persons claimed themselves innocence and demanded for trial.

Statement of the accused:

5. That in the instant Case prosecution has adduced 22 (Thirteen) witnesses from the 37 (thirty Seven) Charge sheeted accused as P.W.1-22 and that defence examined P. Ws; and that in the instant Case defence adduced the accused Md. Mehedi Hasan as D.W.1 and submitted a letter of his own hand written . That in the instant case 02 accused persons Md. Mehedi Hasan & Md Shahidur Rahman @ Piru Mithun made confessional statements under section 164 of the Criminal Procedure Code. That the documentary evidences have been marked as Extb. Nos.1-1/1 (Ezahar and the signature of P.W.1 in Ezahar), Exbt. Nos. 2 (Surathal report of deceased Imran Dead body and Head, Exbt. Nos. 2/1/2/2-2/3, 3-3/1-3/3 (signature of P.W. 1 & 2, P.W.20 & 22 in Surathal report), Exbt. Nos. 5-5/1-6, 6/1, Seizure list and the signature of P.W.2 & 20, Exbt. No. 7-7/1-8, 8/1, 10, 10/1 (Post Mortem Report and signature of P.W.9 ), Exbt. Nos. 4-4/1-4/6 (six signatures of P. W. 4 as signed in 164 statements of accused Md. Mehedi Hasan), Exbt. Nos. 9-9/1-9/6 (six signatures of P. W. 19 as signed in 164 statements of accused Md. Piru Mithun), Exbt. No.11-11/1 (Charge Sheet and signature of P.W.21) Exbt. Nos. 12-12/1, 13-13/1 (Two Sketch Map and signature of P.W.22), Exbt. Nos. 14-14/1, 15-15/1 ( two Index and signature of P.W.22) and that material Exbts; marked Exbt. Nos. I, II, III & IV (Series).

6. That after clossing the evidence of prosecution accused persons were examined under section 342 of the Criminal Procedure Code and that accused persons claimed themselves innocent and demanded for trial. That from the trend of defence cross-examination it is patent that defence has attempted to assert that accused persons have been falsely implicated in the instant Case and that for the previous enmity the incident in quesiton did take place and that the instant case has been filed false against the accused persons and that the accused-persons did not kill the victim as it was narrated in the Ezahar  and that accused persons did not commit the  offence in question as claimed by prosecution.            

 

 

Arguments and Defence Case:

7. The Ld. Advocate for the defence argues that the prosecution has failed to prove the charge brought against all the accused and they are entitled to acquittal. On behalf of accused Mehdi Hasan, his appointed lawyer claimed that accused Mehdi was arrested on 18-03-18 A.D. while recovering the headless body of late Imran. Apart from this the Ld. Counsel of the accused Mehedi Hasan & Piru Mithun further argued that the accused Mehedi Hasan& Piru Mithun’s confessional statement under section 164 of the Criminal Procedure Code was not legal and proper and it has no legal leg in the eye of law and that confessional statement was taken by police with force and fear and police gave pressure with electric shock & crossfire and that confessional statement was not true and voluntary so on the basis of the confession the accused should not be punished and for want of proper and legal evidence the accused Mehedi Hasan and Piru Mithun are entitled to get acquital. The Ld. Counsel for the accused Md. Mehedi Hasan further argues that the Ld. Senior Judicial Magistrate, P.W.19 did not give memorandum properly as per section 164 (3) of Cr.P.C after recording confessional statement of accused Mehedi Hasan son of Faridul Islam @ Latif as a result the accused Mehedi Hasan’s confessional statement was not properly recorded and would not be true and voluntary and in this connection cited a rulings case of Babul Mia Vs The State reported in 63 DLR (AD) 11. The Ld. Advocate for the accused Mehedi and Piru Mithun submitted some rulings regarding the authencity and legal base of the confession cited on 10 ALR (AD) 231-233, 26 BLC (AD) 114-115, 22 BLC (AD) 155 and as the accused confessional statement were ex-culpatory in nature and accused Mehedi confession was not corroborated with the other evidences as per case of Shafiqul Islam vs State rpeorted in 73 DLR (AD) 189 so the accused Mehedi Hasan is entitled to get acquittal from the alleged offence.

The Ld. Counsel for the accused Piru Mithun stated in argument that no eye witness is available in the instant case. No pre-plan and common intention was found in this case so section 34 of the Penal Code 1860 will not be applied here and in this connection cited a case of Sarder Ali Vs Crown reported in 9 DLR (HC) 7. FIR version and court version are different and Inquest report and Post Mortem report does not match with the prosecution version and in this conncetion cited a case of Shafi Alom Vs State cited in 10 BLD (AD) 25. The accused Razu stated to the police that the accused Mehedi Hasan, Piru Mithun, Mehedi Hasan joj, Nahid, Anik & Rzau killed the victim but police did not record any statement under 161 of Cr.P.C and any statement made to police officer is called Extrajudicial confession and it is settled principle of law that Extra-judicial confession made before a authority cannot be relied upon as evidence it was held in the case of Mobarak Ali vs The State 55 DLR (HCD) 116-117. No direct evidence was adduced by the prosecution side as per section 60 of the Evidence Act, 1872 but it is cardinal principle of law that evidenc emust be direct and the accused cannot be convicted merely on hearsay evidence has no basis and thus the court of law can not rely on hearsay evidence and this contention was decided in the case of Md. Isaque Vs State cited in 16 BLT (HCD) 69. The Ld. Counsel further submits that P.W.12, 15-18 was declared tendered and the defence declined to cross examine it was held in the case cited in 6 BCR (HCD) 112-119, murder case tendering not proper, disapproved and finally Ld. Counsel argues that the accused Piru Mithun made confessional statement with force and fear by police after 03 days of arrest of the accused which was beyond law and procedure and that confession will not be considered as true & voluntary as per a case of State vs Rawsan reported in 5 BLC (HCD) 452 as well as without corroborative evidence conviction can not be sustained on the basis of confessional statement it was held in the case cited in 21 BLD (HCD) 300 and in another case of State vs Abdul Basahr cited in 19 BLC (HCD) 130 it was held that confession obtained by torture while examining under section 342 the accused shown the iron nail (para-8) was inserted in his hand to make a confession by the police so the statement under section 164 of Cr.P.C not voluntary and ture and not properly recorded so on the basis of such coersive and compulsive manner made confessional statement, the accused Piru Mithun would not be punished. 

On the otherhand the Ld. Counsel for the accused Nahid Hasan and Mehedi Hasan Joj has stated that these two accused were not FIR named and they are not involved in the allged offence and being influenced by the enemy of these accused Investigation officer (I.O.) included their name in the charge sheet. The two other accused Mehedi Hasan son of Md. Faridul Islam Latif and accused Md. Sahhidur Rahman @ Piru Mithun stated these two accused Mehedi Hasan Joj and Nahid Hasan named in their confessional statement so they will be acquitted from the offence in question as co-accused confession can not be the basis of conviction. The Ld. Counsel further submits that section 30 of the Evidence act will not be applied for this case as such only on the ground of co-accused, these two accused namely Mehedi Jasan Joj & Nahid Hasan is entitled to get acquittal from the allged offence. The Ld. Counsel also submitted a case reported in 26 BLC (AD) 114-115. On the other hand, Ld. Counsel for the accused Anik Hasan adopted the argument of Accused Mehedi Hasan Joj and Nahid Hasan and also claimed that the accused Anik is innocent and he is not involed in the offence in question so he is entitled to get acquittal.

On the other hand Ld. Counsel for the accused Md. Wadud Islam @ Razu argued that the accused Razu was a night guard of Bank at Alauddin More of Kumerkhali Upazila. He was not involved with offence in question and his name was not named in FIR and the investigation officer being failed to gain illegally from him included Razu’s name in the charge sheet. There is a confessional statement of the two accused but no accused said this accused Razu’s name in their confessional statement. Apart from this accused Razu is not active particiapnt in the alleged offfence. His home village in Moheshpur Jhenaidah and as service purpose he used to live in Kumerkhali and known to the accused Piru Mithun. As the prosecution failed to bring charge against   

8. On the Contrary, the Ld. Public Prosecutor, on an anlysis of the prosecution evidences, argues that the prosecution has proved the charge of murder against accused persons namely 01. Md. Mehedi Hasan, 02. Md. Shahidur Rahman @ Piru Mithun, 03. Md. Mehedi Hasan @ Joj, 04. Md. Nahid Hasan, 05. Munshi Anik Hasan @ Imran and 06.Md. Wadud Islam @ Raju and the o2 accused Md. Mehedi Hasan and Piru Mithun by their confessional statement revealed that the other accused 03. Md. Mehedi Hasan @ Joj, 04. Md. Nahid Hasan, 05. Munshi Anik Hasan @ Imran and 06.Md. Wadud Islam @ Raju actively participated in the offence of murder and they are all liable to be convicted accordingly. The Learned Public Prosecutor, on an anlysis of the prosecution evidence, further argues that the prosecution has proved the charge of murder against accused, 01. Md. Mehedi Hasan, 02. Md. Shahidur Rahman @ Piru Mithun, 03. Md. Mehedi Hasan Joj, 04. Nahid Hasan, 05Anik Hasan and 06. Wadud Islam @Razu and two accused 01. Md. Mehedi Hasan, 02. Md. Shahidur Rahman @ Piru Mithun, by their confessional statement named other three accused namely Nahid, Anik & Mehedi Hasan Joj actively participated in the offence of murder and they are liable to be convicted accordingly. Public Prosecutor on behlaf of the state strongly argued that the prosecution has been able to prove the charge of murder against the co-accused 03. Md. Mehedi Hasan Joj, 04. Nahid Hasan, 05Anik Hasan and 06. Wadud Islam @Razu. That the Ld. Public Prosecutor on behalf of the state argued a long and cited a case reference 67 DLR (AD) Page-8 where it was held that “to consider the circumstantial evidence in a charge of murder against an accused, motive is a very important element. When there is no eye-witness of the incident of killing, the prosecution is required to prove as far as possible the motive of the accused to connect him in the incident.” That Ld. Public Prosecutor for the state argued that the accused Mehedi Hasan as per admission was a friend of accused Md. Mehedi Hasan and inhabitant from the same locality who called on the victim by mobile phone before occurrence, and accused Mehedi Hasan Joj, Nahid Hasan, Anik Hasan & Wadud @ Razu is the friend of accused Piru Mithun and they had a clear motive as well as intention to murder the victim Imran, and the Motives are furnished as follows;

1. to steal/snatch the motorbike from him,

2. to get money from the victim by intimidating him and his family,

3. to establish the accused undue influence and unfair domain over the total locality of the accused.

That the Ld. Public prosecutor also argued that among the six accused persons 02 in the FIR named and 04 accused Charge sheet named persons and two accused persons were given confessional statement which were true and voluntary so all the accused should be punished maximum in the alleged offence. That the Ld. Prosecution on behalf of the state argued strongly that in furtherence of common intention the accused persons all namely 01. Md. Mehedi Hasan, 02. Md. Shahidur Rahman @ Piru Mithun, 03. Md. Mehedi Hasan Joj, 04. Nahid Hasan, 05Anik Hasan and 06. Wadud Islam @Razu with bad intention and motive caused death to the victim Imran on the alleged date of occurrence which the prosecution has been able to prove the case intoto. The Ld. PP appealed for exemplary punishment of the accused, claiming that the case had been proved beyond a reasonable doubt by the state's impartial, credible and impartial evidence. After hearing the arguments of the case, the verdict was announced.

Charge/Point for determination:

1. Did the accused 01. Md. Mehedi Hasan, 02. Md. Shahidur Rahman @ Piru Mithun, 03.00Md. Mehedi Hasan @ Joj, 04. Md. Nahid Hasan, 05. Munshi Anik Hasan @ Imran and 06.Md. Wadud Islam @ Raju at any time between 16-03-2018 AD to 18-03/18 A.D. at approximately 9.30 am, whether the son of the petitioner was abducted in a pre-planned manner and taken to the place of occurrence and killed by cutting his throat and whether the used motorcycle of the petitioner's son was stolen in furtherence of common intention or not.?

2. Did the prosecution prove the charge against the accused persons under section 364/302/201/379/411/34 of the Penal Code 1860 beyond all reasonable doubt?

Findings and Decision:

9. Let's start with the evidence presented by the prosecution. At this stage let us first discuss the testimony of the prosecution witnesses. Let's see how much the prosecution has been able to prove the allegations against the accused through evidence. With this end in view the evidence on record is discussed hereinbelow. For the sake of convenience of discussion both points are taken up together for decision. That the offence is labelled against the accused persons for committing murder after kidnapping the victim Imran for stealing his motorbike and murder to the victim in furtherence of common intention and causing dispaperance of the victim’s and headless dead body and head fell down separtely.

Let's start with a brief summary of the Evidence obtained.

10. P/W.1, the Informant, Md. Badsha Sheikh, father of deceased & Victim Imran stated in her examination in-chief that On 17/3/2018 A.D. at around 3:10 pm, after eating at the house of his eldest son Imran Sheikh Raydanga village Md. Mizar, father-Yakub, his mobile number from 01756-055033 on his mobile phone is actually his own mobile phone from the mentioned place. Leaving the phone with his younger brother's son Md. Shishir, he (Imran-victim) left for Manoharpur village with his used red and black 150cc Palchar motorcycle with engine number DHYWWHHI8539. His son's mobile phone number again from 01722-599121. In fact, his younger brother's son Shishir received the phone and said that his brother left the mobile phone with him and left. Since he (victim) did not return home even after evening, he called the number and asked for his son's name. Faridul Islam Latif, Sang- Manoharpur, Thana- Kumarkhali, and District- Kushtia called my son's mobile. He couldnot find his son even after searching a lot and he kept searching. Later on 18/3/2018 A.D. at around 9.30 am, Md. Sayem from Manoharpur village, father-Md. Naib Ali called him and informed that Mehedi had informed him that there was a headless decapitated body lying in Sadarpur maize field. Mehdi identified the decapitated body as that of Imran. He quickly went to the spot and saw a headless decapitated body lying naked in the corn field of Md. Zaheer of Sadarpur village. He identified the body as that of his son. Witnesses Badal, Md. Nur Alam, Md. Naib Ali and many others who were nearby were present at my shout. His guess is that any time between 16/3/2018 A.D. night estimate from 19.00 hrs to 18/3/2018 A.D. estimate 9.30 hours accused Mehedi, Md. Piru Mithun, Mehedi Hasan @ Judge, Nahid Hasan, Anik Hasan and by some unidentified accused including Imran and Raju abducted his son and took him to that place and killed him by cutting his throat. Then Kumarkhali police came and prepared the inquest report of his son's headless body and sent it to the hospital for autopsy. Police seized the Alamots. Later he lodged this ‘Ezahar’. On 25/8/2018 A.D, the head of my son's body was found in the Ulu field as shown by the accused Raju. He (P.W.1) identified his Ezahar which marked as Exbt. No.1 and his signature theron marked as Exbt. No.1/1. P.W.1 during cross-examination of the accused stated that on behalf of Mehedi son of Faridul Islam Latif that he knew little. The Ezahar was written from a computer store. The Ezahar was read to him. The Ezahar has his signature which has been marked as Exbt No.1 & 1/1. On 16/3/18 A.D., they went to eat dawat in the afternoon. After taking the medicine, his son Imran got a call from the mobile number of accused Piru Mithun. He later said that he did not know in whose name the number was registered. Shishir doesn't remember whether there are witnesses in this case or not. They are three brothers and four sisters. The three brothers were alive at the time of the incident. He, Nur Alam, Abul Kalam Azad, Shishir and his brother Badal and many others went to the spot. Get Sayem's phone and go to the scene. Mehdi's house is not far from his house. However, it may be after 5/6 houses from his house. He is older than his brother Badal Mehdi. It is not known whether Mehdi had an argument with his brother Badal before the incident. He went to the spot and did not see Mehdi. He saw the body and fainted. Can't say how many people were at the scene, but there were a lot of people. Accused Mehdi and his son Imran were friends. It is not true that his brother Badal handed over Mehdi to the police or Mehdi was falsely implicated in the case or he did not sign the statement. P.W.1 stated in cross-examination on behalf of Wadud Islam@ Raju, the witness said that Raju was not accused in the FIR. When he fell ill, many of his relatives took him home. According to the accused Raju, the head of his son's body was found. It is not true that he did not identify his son's body. P.W.1 stated in cross-examination on behalf of accused Piru Mithun, his son's body was found near a garlic field in Sadarpur Zaheer's maize field. There was blood on the ground. Then he fell ill. He and his relatives were present at the time of filing the statement. It is not true that he did not go to the scene or that the statement was made by the accused on the side of the enemy. P.W.1 stated during in cross-examination on behalf of accused Mehedi Hasan @ Joj and Nahid Hasan, the witness said that the distance from the spot to Sadarpur was close. The distance from his house to the scene is less than one kilometer. Her son was not studying at the time of the incident. The phone his son left behind was a touch phone. The motorcycle was registered in his name. Although his son was not found on 16/3/18, he did not file a GD with the police. The statement did not mention what he saw in his son's headless body. Darikomarpur village is half a kilometer away from his house. Rayadanga may be one kilo in the north-west corner. Rhythm may be south of his home. His son went to Raydanga in the afternoon to have a feast. He went to the police station on the afternoon of the 20th. He didn't remember the time. The police did not come to his house before. He did not mention the names of Mehdi Hasan Judge and Nahid Hasan in the statement. It is not true that the phone number mentioned in the statement was incorrect or that his son was a drug addict and terrorist or that other terrorist killed him because he was a member of the terrorist forces.

11. P/W-2 Md. Naeb Ali son of Azimuddin of Monohorpur Village of Kumerkhali Thana Naeb Ali supported P.W.1 and stated that Badsha Sheikh came to my house on 16/3/2018 AD. The declaring Badsha Sheikh is his nephew. Badshah Sheikh says that his son Imran cannot be found. Then he called the last 21 mobile phone number. Then Awal picked up the phone. Awal picks up the phone and says that he did not call, Mehedi did. The incident took place anytime between 16/3/2018 A.D. to 18/3/2018 A.D. at 9.30 am. On 18/3/18 at 9.30 am his son Sayem called him and told him that there was a decapitated body lying in the corn field. He went to the spot after hearing the news. He went & saw a corpse lying naked. But there is no head. He can see the body and recognize that his grandson is the son of Badsha Sheikh. Police arrived at the scene. The police took his signature on a piece of paper. Later on 25/3/2018 A.D. according to the accused Raju, the victim's head was found. The police interrogated him. The accused are in the dock. He knows the accused. He identified the Surothal report where he put signature thereon which has been mared as Exbt. No. 2 and 2/1, 2nd Surothal report marked as Exbt. No.3 and signature marked as Exbt. No.3/1. P.W.2 said in cross-examination on behalf of the accused Mehedi' son of Faridul Islam Latif that he did not tell the police that Mehedi called Imran from Awal. Awal was at Mizanur's house when he called, which he told police he did not know - not true. His nephew Badshah came to his house and said that his son could not be found, he did not tell the police - not true. He gave false testimony as taught by the plaintiff. That on behalf of the accused P.W.2 said in cross-examination on behalf of Wadud Islam Raju that he had not witnessed any incident. He testified to the police. He did not remember how many policemen came. Don't know their names. He did not tell the police that the head of the body was found as shown by the accused Raju - not true. The plaintiff, being a relative, gave false testimony on his behalf as per his teachings - not true. P.W.2 during the cross-examination on behalf of the accused Piru Mithun, the police interrogated him several times. Accused Mithun did not give any witness to the inspector to be involved - not true. He (P.W.2) was not cross-examined by the accused Mehedi Hasan Joj and Nahid. The witness (P.W.2) testified on behalf of all the accused on Re-call dated 22-09-21 A.D. and stated that he identifed seizure list which has been marked as Exbt. No.5 and his signature marked as Exbt. No. 5/1. On recall he (P.W.2) was cross-examined and sated that he had given statements to the police several times. However, the date is not remembered. It is not true that according to them the statement of evidence is not correct or did not mention the name of any accused to the investigating officer or did not tell the investigating officer about signing the seizure list.

 

12. That P/W-3, Mr. Sayem, son of Nayeb Ali stated in his examination in-chief that the The accused Mehedi Hasan, Piru Mithun, Mehedi Hasan Judge, Nahid, Imran, Raju killed Imran and took him to the corn field of Sadarpur Zaheer anytime between 16/3/2018 A.D. to 18/3/2018 A.D. at 9.30 am. He left his body in the corn field of Zaheer and left his head elsewhere. Badsha Sheikh comes to our house. Badshah Sheikh told my father that his son Imran could not be found. Then he called the last 21 mobile phone number. Then Awal picked up the phone. Awal picks up the phone and says that hedid not call, Mehedi did. On 18/3/18 A.D. at 9.30 am he saw a corpse in the corn field and called my father and told him that there was a decapitated corpse lying in the corn field. After a while the police came. Later on 25/3/2017 A.D., according to the accused Raju, the victim's head was found. At that time, the accused Raju informed the police that the accused Mehedi Hasan, Piru Mithun, Mehedi Hasan Judge, Nahid, Imran, Raju had killed the victim Imran by cutting his throat. That P.W.3 said in cross-examination on behalf of accused Mehedi's son of Faridul Islam Latif that after receiving the news on 18/3/2018 A.D., when the body was recovered, he, his father, Nure Alam, Badsha, Shishir and many others went. He didn't know who informs the police. Police did not arrest anyone at the scene. Mehedi was apprehended from the scene and handed over to the police - not true. Due to Mehdi's enmity with Badal, Badal has implicated Mehdi in this case. The Badsha Sheikh came to thier house. He did not tell the police - this is not true. He either gave false testimony or gave false testimony as taught by the plaintiff. P.W.3 said in cross-examination on behalf of Wadud Islam @ Raju that he had not witnessed any incident. The deceased Imran is in my possession. He did not see the murder. He did not tell the investigator my statement - not true. He did not name any accused - not true. He did not know the name of the investigating officer; He did not remember the date on which hetestified. The plaintiff and both are his relatives. As the complainant was a relative, he gave false testimony on his behalf as per his teachings. P.W.3 during cross-examination testified on behalf of accused Piru Mithun that he did not go to the spot - not true. He has not seen any incident. P.W.3 during cross-examination on behalf of accused Mehedi Hasan Joj and Nahid Hasan, the witness said, "He was studing." He did not tell the investigator his statement - not true. Mehedi son of Latif told him that the body was in the corn field - not true. He did not go to the police station. He testified fictitiously or he testified under the influence of the enemy of the accused - not true.

13. P/W-4, Md. Enamul Haque, Senior Judicial Magistrate, Kushtia said examination in-chief that he is currently working as Senior Judicial Magistrate of Kushtia on 25/03/2020 A.D. The accused in this case Md. Shahidur Rahman @ Piru Mithun was presented to him to record his (accused) confessional statement by Inspector Abdul Alim. He (Magistarte) then gave the accused more than three hours to think. He asked many questions to the accused before recording confession about the law and the rules that no one is obliged to confess and that confession can go against him (the accused). The accused made this confession voluntarily and spontaneously. In his opinionn this confession is completely voluntary. This is the confessional statement recording in a prescribed form and it has 06 signatures of him (Senior Judicial Magistrate) marked as Exbt. No. 4 and his 06 signature as Exbt. Nos. 4/1-4/6. The recoded confessional statement was read over after recording to the accused who after heard and found to be true the accused gave signature as it is correct. That P.W.4 in the cross-examination of the Ld. Counsel on behalf of the accused Md. Piru Mithun, he said that in the original form, Abdul Alim was written in the house of the accused and then it was cut off and then Shahidur Rahman alias Piru Mithun was written. Time is also cut and written. On the first page of Form No. M-45, there are some quarrels. The statement was not written at the time the record was started. At 1.30 pm on 25/3/20 A.D. accused Piru introduced Mithun to him. The accused was first arrested on 09/9/2019 A.D. at around 12.00 noon. Then he presented it to him around 5.00 pm. The accused was in jail custody till 25/3/20 A.D. It was not mentioned at the end of the statement that the accused read out his statement and signed the statement. It is not true that the accused was tortured by the police or the accused testified as per the instructions of the police or there were signs of torture on the body of the accused or the statement of the accused is not voluntary or his recorded statement is not correct.

14. That P/W-5 Md. Abdul Awal son of Md. Mozibor Rahman of Monohorpur Village under Kumerkhali Police station said in his examination in-chief that he was at their house in Manoharpur village on 16/3/2018 AD., the day his cousin Tofa died. The accused Mehedi arrives there at around 4:00 pm. Mehdi came and said that he didn't have money in his mobile phone. He took his mobile phone away from him and talks to someone. Then he left with the phone to him. The next call came to his phone from an unknown number. He asked him and his name from the other side of the phone. Then he said his name. He tells him that he called Badshah from Manoharpur. He asked him who had called his son Imran. He told him that he did not call. Mehedi called with his phone. P.W.5 during cross-examination on behalf of accused Mehedi Hasan, the witness said that he did not know who Mehedi had called from him. He (P.W.5) was declared hostile by the state and during the cross-examination; the witness said that it was not true that he had given a statement to the investigator. On 18/3/2018 at 9.30 am, Mehedi told sayeem of Manoharpur village and Sayem called the informant told him that there was a headless body lying in Sadarpur maize field or that the body belonged to Imran Sheikh and he denied the suggestion that being inflenced by the accused he is giving eveidence in favor of the accused.

 

15. That P/W-6 Md. Tipu Sultan son of Late Afil Uddin of Sadarpur Village, Kumerkhali, Kushtia said in his examination in-chief that on the evening of last 16/3/2018 AD, he went to the market in Alauddin Nagar. Informant Badsha told him, "his son Imran was called by a boy named Mehedi and taken away on a motorcycle". Her son has not been found since. Later we went to Zaheer's corn field on 16/3/2018 AD after hearing about a headless corpse. He went and saw a naked body lying there without a head. Later the police came there and took the body to the hospital. The body was found on 18/3/2018 AD. On 25/3/2018 A.D, before Maghrib, the head of the corpse was found under the weed/Ulu pile placed on the isle of Ulu forest in Manipur of Sadarpur. The head was found according to the identification of accused Raju. Raju had a handcuff in his hand. When the investigating officer questioned Raju about the incident, he said that the accused Mehedi, Raju, Piru Mithun, Judge, Imran, Nahid together caused the incident and the accused judge led them. This is my statement. The accused are in the dock today. He gave a statement to the investigator on 23/01/2020 AD. P.W.6 during cross-examination on behalf of accused Mehedi Hasan, said that it was not true that he did not tell the investigator that Mehedi Hasan was led by Judge. He has not seen any incident himself. But he saw the body and the head. He has not seen who called where and how. He has not seen where and how the killings took place. During cross-examination on behalf of the other accused, the witness said that Sadarpur and Manoharpur as well as villages. He has nothing to do with the plaintiff. But he knew him. It is not true that he did not tell the investigator about Raju's confession and identification of the head of the body or He was not present at the time of retrieving the head of the body or the plaintiff did not tell me the names of the accused or He did not see the head and body recovered because he was not there or or he gave false testimony for good relationship with the plaintiff.

16. P/W-7 Md. Kamrul said in his examination in-chief that the inspector took a signature from me on the fact that the motorcycle was recovered. He didn't see the car. He identified the Seizure list which has been marked as Exbt. No.6 and his signature marekd as Exbt. No.6/1. P.W.7 during cross-examination on behalf of all the accused, the witness said that he was sitting in a tea shop at Ishaldanga intersection. At that time the police took his signature.

17. P/W-8 Md. Nur Alam said in his examination in-chief that on the evening of 16/3/2018 AD, he went there after seeing the people at the informant Badsha's house. He went and heard that someone had called the Badsha's son and his son got the phone and left. He never came back later. The Badsha 's son's name is Imran. Later on 18/3/2018 A.D. at around 9.30 am, a headless body was lying naked in the corn field of Sadarpur Zaheer. The informant Badsha identified the body as that of his son. The informant Badsha cried and fainted. Later the police came and sent the body to Kushtia Hospital. The body was later buried. In the afternoon of 25/03/2018 A.D., the accused Raju was taken to Manoharpur ground by the police. Raju informed the police that Mehdi, Mithun, Joj, Nahid; Imran had killed the son of the accused. Later, according to Raju, the head of the body was recovered and taken away by the police. At that time he signed a paper. This is his statement. He identified the surothal report where he put signature which has been marked as Exbt. No.3/2. P.W.8 during cross-examination of all the accused, said that the plaintiff Badsha was his neighbour's cousin. His house is in Manoharpur Madhyapara. Next to the Badsha's house, One or two houses in his house then the informant Badsha's house. He has not seen any incident happen. However, he saw bodies and heads recovered. When Raju told the investigator about the incident, according to Raju, He knew the accused. He knew Raju before. He did not know in which village his house is. He didn't know the name of Raju's parents. He did not know the name of the investigator. The investigator later questioned me. Accused Raju told the names of the accused to the investigating officer in front of me. He did not come to court with the plaintiff. He was coming later. He did not have much talk with the plaintiff. It is not true that he did not know or do not know Raju or he did not tell the names of the accused to the investigator or he did not tell the investigator about the recovery of the body and head or he  told the court today by fabricating a new story or Raju did not admit any incident.

18. P/W-9 Dr. Tapash Kumer Sarker said in his examination in-chief that he was working Residential Medical Offcier in Kushtia General Hospital. Worked as a Medical Officer in Kushtia General Hospital on 18-03-2018 A.D., while he was engaged, he conducted an autopsy on the body of Imran Sheikh (45) as per the presentation of Constable No. 276 Md. Ashraf. The body received the following injuries as he found at the time of autopsy-.

1.     Cut throat wound in middle of neck with complete scperation of head from body measuring about 10 inch x 10 inch with injury of vessels, nerves, bones and about 48 hours old. 2. A bruise in left leg measuring about 1 inch x 1 inch.

On dissection: The vertebral column and spinal cord and injured. The great vesselse of neck are injured.

Opinion: Cause of death is due to haemorrhage and shock as a result of above mentioned injury which is ante-mortem and homicidal in nature.

This is the post-mortem report marked as Exbt. No.7 dated 18-03-2018 A.D and his signature on as Exbt. No.7/1. This witness was cross-examined on behalf of the accused and he denied the suggestion that he did not do post mortem report and give opinion properly.

According to the identification of Constable No. 481 Nirmal in the 250-bed General Hospital Morgue at 10.00 am on 26/3/2018 A.D, he completed the autopsy of the head of the deceased Imran Sheikh and gave the report-

1.     Cut throat wound involving whole neck with detachment from body measurng about 15 cm x 15 cm and about 72 hours old.

On dissection: Antemortem blood clot, tissue laceration with congestion is present associated with above said viscera. The great vessels of neck and spinal cord are injured. The brain matter is partially decomposed.

Opinion: The death is due to haemorrhage and shock as a result of above mentioned injuries which are ante-mortem and homicidal in nature.

This is the post-mortem report of only head marked as Exbt. No.8 dated 26-03-2018 A.D. and his signature on as Exbt. No.8/1. P.W. 9 during the cross-examination of the accused, the witness said that the first autopsy was done on 18/3/2018 and the age of injury was mentioned as 48 hours. The second autopsy was done on 26/3/2018 and he mentioned the age of 72 hours of injury. Separate autopsies of heads and corpses have been completed, hence mentioning separate times.

19. P/W.10 Md. Abul Kalam Azad said in his examination in-chief that on 16/03/2018 AD, Badshah, Badshah's son Imran, Shishir went to eat medicine on Friday. Then Imran got the phone and came out with the motorcycle. Shishir gets a phone call. On 18/3/2018 A.D. at 8.30 am, we came to know that  body was lying naked in the Zahir's corn field. The body was cut throat. He identified the body as Imran. Then the police came to the spot. The police came and made an inquest report of the body. The body was brought to Kushtia Hospital and on 25/3/2018 A.D. the head was recovered in the presence of Manik/Fanik Ding, according to the accused Raju. Accused Raju, Mehedi, Mehedy @Joj, Nahid, Anik and Mithu Wadud together killed the victim. He testified to the police. The accused appeared at the dock. P.W.10 during cross-examination of the accused, the witness said that he did not give statement to the police on 18/3/2018 A.D. and 25/3/2018 A.D. He later testified. According to Raju, the victim's head was not recovered and it is not true that Mehedi, Piru Mithun, Nahid, Anik and Wadud did not go to the spot. Badsha is his cousin. What he said while giving a statement to the police on 20/02/2020 A.D. is not true. He did not say in his statement about leaving his mobile phone with Shishir. It is not true that he gave false testimony.

20. P/W-11 Md. Zahir Sheikh said in his examination in chief that on 18/3/2018 A.D. at 9.30 am, many people saw the corn field in the field. In that corn field, he and the plaintiff saw the corpse of Imran, the son of the king, in a state of decapitation. He saw and left. He heard the police come. He later heard that the accused Mehedi, Peer Mithun, Nahid, Anik, Wadud and Mehedi @ Joj killed and left the body and fled. The accused appeared at the dock. P.W.11 said in cross-examination that he heard from leaving his corn field that the police had arrested Mehedi. He himself did not see the victim killed. The plaintiff Badsha has nothing to do with it. The informant was neighbor of the village. It is not true that accused Mehedi, Piru Mithun, Nahid, Anik is not involved in any incident.

21. P.W.12 Sabur Ali has been declared tendered by the prosecution side and the defence side declined to cross-examine.

22. P/W-13 Md. Inzamul Karim @ Shishir said in his examination in chief that on 16/3/2018 AD, we heard that the accused Mehedi, Piru Mithun, Babu Ahmed, Nahid, Mehedi George and Wadud 06 killed the plaintiff's son Imran and dumped his decapitated body in the Zaheer’s corn field of Sadarpur. Last Friday 16/3/2018 AD to eat the invitation on the Raidanga village. Imran gets a call and after getting the phone, he leaves the phone on the table and leaves with the motorcycle. After a while, the call to Imran's number finally came from number 21. He actually received the call and say Imran bhai is gone. Then after accepting the invitation, he left for home with his uncle Badsha. He went home and elder Uncle goes to the market. In the evening the elder uncle asks if Imran is coming. Imran said that the call came from 2 numbers and he gave those two numbers to his uncle. Later he sat down to read. He falls asleep at night. On last 17/3/2018 AD, he heard that Imran did not come back. He searched all the relatives at home. He found the body of Imran Bhai on 18/3/2018 A.D. Later, the police took his signature on the seizure list. Knowing the accused, they appeared at the dock. P.W.13 during the cross-examination of the accused, the witness said that according to the statement of the accused Raju, on 25/3/2018 A.D. he mentioned the names of other accused to the police. The police wrote to the name of the accused in front of him. It is not true that he did not give any statement to the police. His house is 1 km away from Zaheer's corn field and he was also with the plaintiff. Big uncle Badsha tells him that Imran's decapitated body is lying there. It is not true that his statement is not correct. It is not true that Mehdi was arrested by the police and his uncle Badsha. Mizan of Raydanga village does not know what kind of relatives he is. It is unknown at this time what he will do after leaving the post. He gave a statement to the police in 2020. His cousin Imran left his phone and left. He didn't know what phone company's phone, Samsung J7 model. It is not true that he did not tell the police about the seizure list or that his cousin was killed.

23. P/W-14 Constable No.226 Md. Asraful Islam said in his examination in chief that on 18/3/2018 A.D., the body of Victim Imran was taken to Kushtia Sadar Hospital from Sadarpur village from Zaheer's corn field. Prepared the seizure list on 18/3/2018 A.D. S.I. Ferdous Alam wrote his name in column 3 of the witness but did not give his signature. His name is on the seizure list. During the interrogation, the witness said that his name was in the seizure list. S.I. Ferdous Alam informed. He did not identify the victim. Alamat rescued Sir as he was rescued from the seizure list.

24. P.W.15 Md. Saidul Islam has been declared tendered by the prosecution side and the defence side declined to cross-examine.

25. P.W.16 Md. Abdul Mannan has been declared tendered by the prosecution side and the defence side declined to cross-examine.

26. P.W.17 Md. Mohidul son of Kawser Ali Mondol of Ishaldanga village of Moheshpur, Jhenaidah has been declared tendered by the prosecution side and the defence side declined to cross-examine.

27. P.W.18 Mrs. Dolon Nessa has been declared tendered by the prosecution side and the defence side declined to cross-examine.

28. P/W-19 Md. Mizanur Rahman Senior Judicial Magistrate, Kushtia said examination in-chief that he is currently working as Senior Judicial Magistrate of Kushtia on 21/03/2020 A.D. The accused in this case Md. Shahidur Rahman @ Piru Mithun was presented to him to record his confessional statement by Inspector Abdul Alim. He then gave the accused more than three hours to think. He asked many questions to the accused before recording confession about the law and the rules that no one is obliged to confess and that confession can go against him (the accused). The accused made this confession voluntarily and spontaneously. In his opinion this confession is completely voluntary. This is the confessional statement recording in a prescribed form and it has 06 signatures of him (Senior Judicial Magistrate) marked as Exbt. No. 9 and his 06 signature as Exbt. Nos. 9/1, 9/2, 9/3, 9/4, 9/5 & 9/6. The recoded confessional statement was read over after recording to the accused who after heard and found to be true the accused gave signature as it is correct. P.W.19 in the cross-examination of the Ld. Counsel on behalf of all the accused including the accused Mehedi Hasan and said that the memorandum was given at the end of the statement. It is not true that the memorandum given by him was not given properly or he did not write it even though he spoke about the torture in the body of the accused or who presented it to him after three days of physical torture or he did not record his statement in proper format Columns 5 and 6 were not read properly or the statement of the accused was not voluntarily motivated.

29. P/W-20 S.I. Ferdous Alam as Surothal maker police officer said in his examination in-chief that while working in Kumarkhali police station on 18/3/2018 A.D., he got the news that there was a murder in Manoharpur. He went to the spot and found a headless body from Md. Zaheer the corn field. He prepared the inquest report in front of the witnesses at the P.O. He accepted the signatures of the witnesses and signed himself. Who or what kills and leaves the dead body. He sent the body to the morgue through Constable Ashraful. On 18/3/2018 A.D. at 11.10 am he prepared the seizure list by recovering the description of the seized goods from the corn field of Md. Zaheer under Kumarkhali police station. It has his signature on the Inquest report which has been marked as Exbt. No.2 & 2/2. He also prepared a seizure list dated 18-03-2018 AD which has been marked as Exbt. No.10 and his signature marked as Exbt. No.10/1. That P.W.20 during cross-examination on behalf of all the accused stated that he prepared the original inquest report on GD No. 72 at 10.15 am. The statement was filed on 20/3/20 AD. In the inquest, it is mentioned that unknown persons have killed. It was not immediately clear who killed him. On 18/3/2018 A.D. he prepared the inquest reprot of this case and prepared the seizure list. S.I Milton went to the P.O with other officers at that time. At that time S. I. Milton arrested one and did not remember his name.

30. P/W-21 Inspector Abdul Alim as Investigation police officer (I.O.) said in his examination in-chief that he was the investigating officer in this case. On 09/11/2019 A.D. while working as Inspector (Investigation) in Kumarkhali Police Station, he got the responsibility of investigation of this case. He reviewed the docket of the case. Let's visit the P.O. of the case. He did not re-prepare the Sketch map and Index prepared by the previous investigating officer as it was found to be correct. He tried to arrest the accused Mehedi Hasan Joj. He inquired about the stay order of the remand hearing Hon'ble High Court of arrested accused Piru Mithun. Accused Piru Mithun was remanded for three days on a court order. The accused Piru Mithun made a confessional statement in Court involving him and others. After questioning 09 witnesses, their statements were recorded under section 161, FIR, Section 161 Statement, Inquiry Report, Seizure List, Sketch map and Index, Accused Piru Mithun's Confessional Statement, DNA Report Review In his overall investigation, the accused 01. Md. Munshi Anik Hasan @ Imran, 02. Md. Wadud Islam @ Raju as against them the preliminary truth of the allegations has been proved, he filed the Charge Sheet No. 73 of Kumarkhali Police Station against them on 23/4/2020 A.D under Sections 364, 302, 201, 369, 411 and 34 of the Penal Code. He (P.W.21) identified his signature on the charge sheet which has been marked as Exbt. No. 11 & 11/1. That P.W.21 During cross-examination on behalf of all the accused said that he first went to the spot on 12/11/2019 AD. He couldn't estimate the distance to get the head from where the body was found. Although the place is a little far away, there are houses. He saw the Case diary (CD) with the phone call before the charge sheet is filed. He did not inquire whether the accused Mehedi Hasan @ Joj and Nahid was registered in the name of in that phone call or whether the call was made from their mobile number. Confessional statements are kept confidential in court documents. It is limited to the investigating officer. In the statement of 161, the witnesses are heard to give the confessional statement of the accused. Witnesses are not supposed to know the confessional statement. But he wrote what they said. Mehedi Hasan was arrested on 20/3/2018 AD. The names of Mehedi Hasan @Joj and Nahid Piru Mithun and their names did not come up till the arrest of Mehedi Hasan. He saw the confessional statements of Mehedi Hasan and Piru Mithun. He did not mention that Mehedi Hasan and Piru Mithun have blamed each other in their statements. Piru Mithun was remanded on 23/3/2020 A.D. Surrendered by Piru Mithu on 09/9/2019 AD. After six long months, Piru Mithun was remanded. He forwarded Piru Mithun to the court on 25/3/2020 A.D after remand. He has recorded the statement of 161 of the accused Piru Mithun on 25/3/2020 AD. Despite being a witness, he did not give any explanation as to why he did 161 of the accused; He was not forced. He had reviewed the papers along with the statement. According to Wadud Islam Raju, the head of the victim, the rescue is mentioned. The inquest report mentions the home address of accused Wadud in Kumarkhali police station and Jhenaidah district. There is no Kumarkhali police station in Jhenaidah district. It was a mistake. Victim's head is recovered from the land of Fanik Mia. Md. Kalam raised the victim’s head. He did not write section 161 statements of Fanik Mia and Kalam. How far is Shilaidaha Ghat from the land of Fanik Mia? He estimates it was 1/1.5 km. Mehdi Hasan in his confession said that he threw victim’s head at Shilaidaha Ghat. The date of arrest of Wadud Islam Raju was not mentioned. His investigation did not mention that. The name of accused Wadud Islam Raju was not mentioned in section 164. Wadud Islam Raju used to work as a guard at Sonali Bank, Alauddin Nagar. When the victim died, Badshah Sheikh made a General Diary (G.D) and he did not submit a copy of that GD. He started the investigation based on the incident that took place on the night of 16/3/2018 A.D. Mehdi Hasan's statement of 164 mentions the date of the incident as 16/3/2018 AD. Piru Mithun's statement under section 164 mentions the time of the incident as 16/3/2018 AD. CDR has information. According to the information of CDR, the incident took place on 18/3/2018 AD. Witness Sabur Ali has said in 161 statements that accused Mehdi has been arrested. But no date is mentioned. It is not true that their statement did not contain details about the date, time and place of the incident or his investigation report did not provide details about who killed Victim Imran with whom and when or where he was forced to make a confessional statement for fear of crossfire by torturing him inhumanely or he stood by the Magistrate's room until the statement was recorded or he confessed to threatening Mehdi Hasan to death or cross fire or for what reason the accused Wadud Islam Raju was arrested or Wadud Islam Raju was not involved in the incident or implicated the accused Wadud in immoral collusion with the informant or 09 witnesses made similar statements about Mehdi's arrest or there was no material to file the charge sheet and being influenced by the inflential person he filed this charge sheet or all the accused are innocent.

31. P/W-22 S.I. Milton Kumer Debdas as Investigation police officer said in his examination in-chief that he is the first investigating officer (I.O.) in the case. Last 20/3/2018 A.D. Kumarkhali police station as S.I. when this case was filed while he was working as an officer, the officer in charge Kumarkhali handed over the investigation to him. He took charge of the investigation and visited the spot after reviewing the statement. Draw the sketch map and Index of the site on separate sheets of paper. The statements of the witnesses were recorded under section 161. He later conducted a raid and arrested the accused. Based on the information given by the accused Raju, the evidence of this case was recovered by recovering the motorcycle and preparing the seizure list. He signed it himself and accepts the signatures of the witnesses. After recovering the head of the deceased, he prepared the inquest report and seizure list of the head. The accused in the case handed over Mehdi to the court and we arranged the record of Mehdi's confessional statement. When he was later transferred, he handed over the docket of the case. P.W.22 during cross-examination on behalf of all the accused, the witness said that he first visited the spot on 20/3/2018 AD. He couldn't say what time it is. The investigation also found another pile of abandoned garbage in the north-west corner of the alleged chan field. He arranged the record of the confessional statement of the accused No.1 named Mehedi Hasan. Shilaidaha Ghat did not come under his investigation. He has not prepared any seizure list at Shilaidaha Ghat. He did not collect a copy of the GD on which the post-mortem report and the inquest report are based. The incident started on 18/3/2018 A.D. at 19.00 pm. The post-mortem was done at 14.30 hrs and the body was sent to GD at 11.15 hrs. The statement was filed two days late. Let's start the investigation of this case in GD - this is not true. The places marked A, B, C, D in the draft map are crop fields but did not mention whose fields. He did not even mention the second sketch map. He recorded 161 statements of Naib Ali and Chayem Ali. The statements of Naib Ali and Chayem did not mention the involvement of any of the accused. He collected mobile call list. He will take the CDR of the specific person. There is no location in any tower of Sadarpur in his submitted CDR. There is no Rayadanga either. He had the CD of the case till 15 May 2017. No drugs were found in the abdomen of his body during investigation. The name of accused Wadud Raju is not in the statement. Wadud @ Raju's name is not in the confessional statement of accused Mehdi. Mehdi says in his confession that the other accused threw their heads at Shilaidaha Ghat - it is mentioned in 164. The inquest report mentions Hanif Mia and Kalam. They raised their heads. Their signature is not in the inquest report. Accused Wadud Raju was arrested from Alauddin Nagar on 22/3/2018 AD at 9.25 am. The accused Wadud Raju's invoice form did not mention his arrest from Alauddin Nagar. He didn't remember who was arrested in front of whom. He recovered the motorcycle from the barn of Abdul Mannan's house in Maheshpur, Jhenaidah district. He did not know whether the house is accused Wadud Raju or not. Wadud Raju's house is in Tulsitala. He mentioned Wadud Raju's house Tulsitala, Kumarkhali Thana in the inquest report. He had witnessed the people present at Abdul Mannan's house. He did not witness Abdul Mannan. They arrested Wadud on the basis of the information provided by the source and the mobile call list. Wadud Raju's network was in Alauddin Nagar. Talking to Piru Mithun from Wadud's mobile number 01954-59062, the conversation started from 18/03/2018 A.D. The phone is going to come again and again. Calls have been coming from both directions. In short, he did not investigate any issue of mobile SIM registration. It is not true that there was no talk of Piru Mithun's mobile phone with Wadud or he was influenced by the informant and unjustly arrested the accused Wadud and sent him away or it is not correct to save the head as shown by the accused Wadud. Wadud Alauddin Nagar used to work in Sonali Bank. It is not true that accused Wadud Raju is not involved in the incident. He went to the PO after receiving the investigation of the case. The inquest report in this case is probably S.I. Ferdous have done. It is not true that when Ferdous reported the inquest and recovered the body, he went to the spot or arrested an accused as a suspect at that time or gave the name of that accused as Mehdi, father-Faridul Islam Latif or Mehdi to Imran's uncle Badal. He didn't know if the officer-in-charge of the police station told various media outlets about the arrest of an accused. S.I. Ferdous It is not right for me to arrest an accused while preparing interrogation report. It is not true that he arrested Mehdi on the 18th and drove him on the 21st or tortured the accused Mehdi in his custody or prepared him to give his taught statement or he was standing in front of him during the recording of his statement. Mehedi has stated the date of the incident as 18/3/2018 A.D. According to his part of investigation, the incident started on the 16/03/2018 A.D. and the incident on the 17/03/2018 AD. It is not true that Mehedi said that the date of the incident was 18-03-18 after being tortured by him. It is not true that according to what he have taught, the accused Mehdi made a statement which was later proved to be false or he involved him because he did not get unfair advantage from Mehdi's family or Mehedi's confessional statement is not correct.

32. That D.W.1 the accused Md. Mehedi Hasan said as defence witness that he himself in this case submitted a paper or letter written by him on the day of his examination today (the accused's examination) under Section 342 of the Criminal Procedure Code and the subject matter of my detention at the time of the incident was submitted to the accused.

Discussion:

33. Now let us analyze the evidence obtained in the light of the various circumstances raised by the arguments of the accused and the real circumstances. A summary of the arguments presented in favor of the accused person have already been mentioned sepearately. Accused’s questions and answers have flowed in a virtually separate stream. First, in their statement, the state/prosecution side could not present sufficient and legal evidences to implicate the accused in the alleged allegations. Secondly, since the victim Imran was an young man with dreams and friend of the accused Imran so there was no reason to kill her by slaughtering & cutting his throat from the body as beheaded, there has been not a clear motive to the accused in this case and intention so the accused could be acquitted as the incident was taken place due to sudden greedines or stealing motorbike.

34. These are the evidences by the prosecution. Of the witnesses, P.Ws.1-6 are local witnesses of whom P.Ws. 1, Badsha Sheikh, the informant, father of the victim Imran, Surothal witness P.W.2, Md. Naeb Ali, & P.W.3 Saem son of Naeb Ali, P.W.4 Md. Enamul Haque, Senior Judicial Magistrate, Kushtia as confessional statement recording witness,  P.W.5 Md. Abdul Awal, P.W.6 Md. Tipu Sultan, P.W.7 Md. Kamrul, Surothal Report Witness P.W.8 Md. Nur Alam, P.W.9 Dr. Taposh Kumar as post-mortem doing medical officer, P.W.10 Abul Kalam Azad, P.W.11 Md. Zahir Sheikh, Sobur Ali as P.W.12, P.W.13 Inzamul Karim @ Shisir, P.W.14 Constable 226 Md. Ashraful Islam, P.W.15 Md. Saidul Islam, , P.W.16 Md. Abdul Mannan, , P.W.17 Md. Mohidul Islam, , P.W.18 Mrs. Dolon Nessa, P.W.19 Md. Mizanur Rahman Senior Judicial Magistrate, Kushtia as confessional statement recording witness,  is the son of the victim, P.W.20 S.I. Ferdous Alam who prepared Inquest report and seizure list, P.W.21, Ploice Inspector Abdul Alim as Investigation Officer, P.W.22, Ploice Sub-Inspector Milton Kumer Debdas as first Investigation Officer,    P.W.2-3 are the neighbouring witness, P.W.9, is the medical witness, P.W.4 & 19 are the Senior Judicial Magistrate who recorded confessional witnesses, P.W.10-13, 15-18 are the local witnesses and P.W.14 is the official witness. Admittedly in this case there is no eye witness to the occurrence. As a matter of fact ocular witness is nil. However, there is a confessional statement made by the two accused Md. Mehedi Hasan and Md. Piru Mithun. The Confessional statement has been marked as Exbt. No. 4& 9. 

35. The second or alternative arguments on behalf of the accused can be gradually shed light on. First of all, let us discuss the evidence obtained in the light of the facts to be considered and the allegations made and the actual surrounding circumstances. That the allegations levelled against the accused as per ‘Ezahar’ is that  his eldest son Imran Sheikh had eaten at Mizan's house in Raydanga village on 16/3/2018 A.D. at around 3.10 pm after eating a phone call came from the number 01756055033 to his son's phone number is 01710343967. In fact, he kept his own mobile phone from that place with the informant's younger brother's son Md. Shishir. That Imran left for Manoharpur village with his own used red and black 150cc Pulsar motorcycle (engine No. DHYWHH18539, chassis No. MD2-A11-CY7-HWH-86751). Shishir, the son of his younger brother, received the call again on his son's mobile from 01722-599121 and said, "My brother left the mobile with me and left." As the son of the complainant did not return home even after evening, he called the number and asked about his son. After much searching, she could not find her son and continued searching. Later on 18/3/2018 A.D. at around 9.30 am, Md. Sayem from Manoharpur village called him and informed him that Mehedi had informed Sayem that there was a decapitated headless corpse lying in Sadarpur maize field. Mehdi identified the decapitated body as that of Imran. The informant quickly went to the spot and saw a headless decapitated body lying naked in the corn field of Mohammad Zaheer of Sadarpur village. He identified the body as that of his son. Witnesses Badal, Md. Nur Alam, Md. Naib Ali and many others were present at his shout. According to the statement of the petitioner, at any time between 19.00 hrs on 16/03/2018 A.D. to 9.30 hrs on 18/3/2018 A.D., the accused 1. Mehedi Hasan, 2. Md. Piru Mithun and other unidentified persons abducted his son in a pre-planned manner and at that place they took him, cut his throat and killed him and stole her son's used motorcycle. The plaintiff filed an ‘Ezahar’ statement in this case in the light of this incident. After receiving the news, the police came to the spot, prepared an inquest report of his son's body and sent it to Kushtia General Hospital Morgue for autopsy. After informing his relatives about this, there was a slight delay in filing an FIR/Ezahar to the Police station

36. Let us see who are the accused in this case as per the oral evidences of P.Ws. Firstly we see what the Ezahar states; In the FIR named accused were 01. Mehedi Hasan, 02. Md. Shahidur Rahman @ Piru Mithun. The other four accused namely 01. Mehedi Hasan Joj, 02. Nahid Hasan, 03. Anik Hasan & 04. Wadud Islam @ Razu were charge sheeted named. As per recored it is seen that S.I. Milton for the first time arrested the accused Mehedi Hasan son of Faridul Islam Latif and all the prosecution witnesses oral evidences are credible, neutral and had given their evidence in supporting the case of the whole incident. Regarding the 06 accused involvement in the offence of murder has been proved and how the involement should have been ascertained?. In supporting the FIR version statement P.W.1 the informant Badsha Sheikh stated that-

MZ 16/3/2018 wLªt Zvwi‡L Abygvb `ycyi 3t10 NwUKvi mgq Zvi eo †Q‡j Bgivb †kL ivqWv½v MÖvg¯’ †gvt wgRvi, wcZv- BqvKze Gi evox‡Z `vIqvi LvIqvi ci Zvi †gvevB‡j 01756-055033 b¤^i n‡Z Avgvi †gvevBj b¤^‡i †dvb Avm‡j Avgvi †Q‡j D‡jøwLZ ¯’vb n‡Z Zvi wb‡Ri †gvevBj †dvbwU Avgvi †QvU fvB‡qi †Q‡j †gvt wkwk‡ii Kv‡Q †i‡L Zvi e¨eüZ jvj Kv‡jv is Gi 150 wmwm cvjPvi †gvUimvB‡Kj hvi BwÂb bs DHYWWHHI8539 wb‡q g‡bvnicyi MÖv‡gi w`‡K iIbv K‡i| mܨvi c‡iI evox‡Z wd‡i bv Avmvq Avwg D³ b¤^‡i †dvb K‡i Avgvi †Q‡ji K_v Rvb‡Z †P‡j D³ b¤^i †_‡K †gvt AvIqvj Rvbvq †h, Zvi b¤^i †_‡K †g‡n`x, wcZv- †gvt dwi`yj Bmjvg jwZd, mvs- g‡bvnicyi, _vbv- KzgviLvjx, †Rjv- Kzwóqv Avgvi †Q‡ji †gvevB‡j †dvb K‡i‡Q| †LuvRvLywR Ae¨vnZ ivwL| cieZ©x‡Z 18/3/2018 wLªt ZvwiL mKvj Abygvb 9.30 NwUKvi mgq g‡bvnicyi MÖvg¯’ †gvt mv‡qg, wcZv- †gvt bv‡qe Avjx Avgv‡K †dvb K‡i Rvbvq †h, †g‡n`x Zv‡K Rvwb‡q‡Q m`icyi f~Æv †ÿ‡Zi g‡a¨ GKwU gv_vwenxb MjvKvUv jvk c‡o Av‡Q| †g‡n`x mbv³ K‡i‡Q †h, gv_vwenxb MjvKvUv jvkwU Bgiv‡bi| Avwg `ªæZ NUbv¯’‡j wMqv †`L‡Z cvB †h, GKwU gv_v wenxb MjvKvUv jvk m`icyi MÖvg¯’ †gvt Rwn‡ii fzÆv †ÿ‡Zi g‡a¨ Dj½ Ae¯’vq c‡o Av‡Q| jvkwU Avgvi †Q‡ji e‡j Avwg mbv³ Kwi| Avgvi wPrKv‡i Av‡kcv‡k _vKv mvÿx ev`j, †gvt b~i Avjg, †gvt bv‡qe Avjx mn Av‡iv A‡b‡KB †mLv‡b Dcw¯’Z nq| Avgvi aviYv n‡”Q †h,  16/3/2018 wLªt ZvwiL ivwÎ Abygvb 19.00 NwUKv †_‡K 18/3/2018 wLªt ZvwiL Abygvb 9.30 NwUKvi g‡a¨ †h‡Kvb mgq Avmvgx †g‡n`x, †gvt wciæ wgVzb, †g‡n`x nvmvb @ RR, bvwn` nvmvb, AwbK nvmvb @ Bgivb I ivRy mn AÁvZbvgv Avmvgx Avgvi †Q‡j‡K c~e© cwjKwíZfv‡e AcniY K‡i D³ ¯’v‡b wb‡q wM‡q Mjv †K‡U nZ¨v K‡i‡Q| Gici KzgviLvjx _vbv cywjk G‡m Avgvi †Q‡ji gv_vwenxb jv‡ki myiZnvj cÖwZ‡e`b cÖ¯‘Z c~e©K g„Z †`n gqbv Z`‡šÍi Rb¨ nvmcvZv‡j †cÖiY K‡i| AvjvgZ Rã K‡i| cieZ©x‡Z Avwg GB gvgjv Kwi| 25/8/2018 wLªt Zvwi‡L Avgvi †Q‡ji jv‡ki g¯ÍK Avmvgx ivRyi †`Lv‡bv g‡Z gvwb‡K Djy †ÿ‡Z cvIqv hvq|

That the defence side cross-examined the informant seperately on behalf of the accused and the P.W.1 denied the suggestion that the accused Mehedy Hasan has been falsely named in FIR and his son Imran was drug addicted. That P.W.1 stated in cross-examination on behalf of the accused Mehedy “16/3/18 wLªt Zvwi‡L Zviv `vIqvZ †L‡Z hvb `ycy‡ii ci| `vIqvi LvIqvi ci Zvi †Q‡j Bgiv‡bi †dv‡b †dvb Av‡m Avmvgx wciæ wgVz‡bi †gvevBj b¤^i n‡Z| c‡i e‡j b¤^iUv Kvi bv‡g †iwRt Zv wZwb Rv‡bb bv| wkwki GB gvgjvq mvÿx Av‡Q wK-bv †Lqvj/¯§iY bvB| Zviv wZb fvB Pvi †evb| NUbvi mgq Zviv wZb fvB RxweZ wQ‡jb| NUbv¯’‡j wZwb, b~i Avjg, Aveyj Kvjvg AvRv`, wkwki I Zvi fvB ev`j mn Av‡iv A‡b‡K hvq| mv‡q‡gi †dvb †c‡q NUbv¯’‡j hvb| †g‡n`xi evwo nB‡Z Zvi evwoi `~iZ¡ Lye †ekx bv| Z‡e Zvi evwo n‡Z 5/7 evwo ci n‡Z cv‡i| Zvi fvB ev`j †g‡n`xi †_‡K eo| NUbvi Av‡M Zvi fvB ev`‡ji mv‡_ †g‡n`xi ZK©vZwK© nq wKbv Rv‡bbv| NUbv¯’‡j wMqv †g‡n`x‡K †`‡Lb bvB| wZwb jvk †`‡L AÁvb n‡q hvb| NUbv¯’‡j KZRb †jvK wQj Zv ej‡Z cvi‡eb bv, Z‡e A‡bK †jvKRb wQj| Avmvgx †g‡n`x I Zvi †Q‡j Bgivb eÜz wQj|” P.W.1 stated in cross-examination on behalf of the accused Wadud Islam Razu that GRvnv‡i ivRy‡K Avmvgx K‡ib bvB| Avmvgx ivRyi †`Lv‡bv g‡Z Zvi †Q‡ji jv‡ki g¯ÍK cvIqv hvq|” P.W.1 stated in cross-examination on behalf of the accused Mehedi Hasan Joj & Nahid Hasan that “wZwb †g‡n`x nvmvb RR I bvwn` nvmv‡bi bvg GRvnv‡i D‡jøL K‡ib bvB|” P.W.1 stated in cross-examination on behalf of the accused Piru Mithun that

Zvi †Q‡ji jvk m`icyi Rwn‡ii fzÆv †ÿ‡Z imy‡bi †ÿ‡Zi cv‡k cvIqv hvq| gvwU‡Z i³ jvMv wQj| Zvici wZwb Amy¯’ n‡q c‡owQ‡jb| GRvnvi `v‡q‡ii mgq wZwb Ges Zvi AvZ¥xq-¯^Rb wQj| mZ¨ bq †h, wZwb NUbv¯’‡j hvb bvB ev GRvnv‡ii e³e¨ Avmvgx‡`i kÎæc‡ÿi †jv‡Ki †kLv‡bv|

P.W.1 the informant stated and supported the same as narrated in the Ezahar and the defence side cross-examined the informant regarding the manner of occurrence but failed to bring any contradictions regarding the date, time place & manner of occurreence. Apart from this P.W.1 denied the suggestion of the accused persons that the statement narrated in Ezahar was written as per the accused rival statement. In this regard maternal uncle of the informant, seizure list witness as well as Inquest report witness (Exbt. No.2)

37. P.W.2 Md. Naeb Ali also supported the Ezahar version and P.W.1 informant regarding the date, time place and manner of occurrence. P.W.2 said that- “MZ 16/3/2018 wLªt ZvwiL ev`kv †kL Avgvi evwo‡Z Av‡m| GRvnviKvix ev`kv †kL Avgvi fv‡Mœ| ev`kv †kL e‡j †h, Zvi †Q‡j Bgivb‡K cvIqv hv‡”Q bv| ZLb jv‡ó 21 b¤^‡ii †gvevBj †dvb b¤^i †mB b¤^‡i †dvb †`q| ZLb AvIqvj †dvb a‡i| AvIqvj †dvb a‡i e‡j †h, Avwg‡Zv †dvb Kwi bvB, K‡i‡Q †g‡n`x| 16/3/2018 wLªt ZvwiL n‡Z 18/3/2018 wLªt ZvwiL mKvj 9t30 NwUKvi g‡a¨ †h‡Kvb mgq NUbv| 18/3/18 Zvwi‡L mKvj 9t30 NwUKvi mgq Avgvi †Q‡j mv‡qg Avgv‡K †dvb w`‡q e‡j †h, fzÆv †ÿ‡Zi g‡a¨ GKwU MjvKvUv jvk c‡o Av‡Q| Avwg msev` ïwbqv NUbv¯’‡j hvB| wMqv †`wL †h, Dj½ Ae¯’vq GKwU jvk cwoqv Av‡Q| wKš‘ gv_v bvB| Avwg jvk †`‡L wPwb‡Z cvwi †h, Avgvi bvwZ †Q‡j A_©vr ev`kv †k‡Li †Q‡j| NUbv¯’‡j cywjk Av‡m| cywjk GKwU KvM‡R Avgvi ¯^vÿi †bq| cieZ©x‡Z 25/3/2018 wLªt Zvwi‡L Avmvgx ivRyi †`Lv‡bv g‡Z wfKwU‡gi gv_v cvIqv hvq| cywjk Avgv‡K wRÁvmvev` K‡i| Avmvgxiv W‡K Av‡Q| Avwg Avmvgx‡`i‡K wPwb|Ó That P.W.2 was cross-examined by the defence accused Md. Wadud Islam Raju and stated that “Avmvgx ivRyi †`Lv‡bv g‡Z jv‡ki gv_v cvIqv hvq Ggb K_v wZwb cywj‡ki Kv‡Q e‡jb bvB- mZ¨ bq|” He (P.W.2) deneid the suggestion that he was giving false evidence as the informant was his relatives and he did not say that the accused Piru Mithun was involved with offence which he did not tell to the investigation officer. That it is very clear that the defence side by cross-examination failed to bring any contradiction regarding the date, time & place of occurrence. That P.W.2 Md. Naeb Ali went to the Place of occurrence and he (P.W.2) stated that Avwg msev` ïwbqv NUbv¯’‡j hvB| wMqv †`wL †h, Dj½ Ae¯’vq GKwU jvk cwoqv Av‡Q| wKš‘ gv_v bvB| then police prepared an Inquest report (1st) and Inquest Report (2nd) and he (P.W.2) put signature thereon. (Exbt. No.2, 2/1, 3, 3/1 respectively).

38. That the very day on date, place and manner of occurrence P.W.3 Sayem admitted that he (P.W.3) his father Md. Nayeb Ali (P.W.2) when he saw a dead body of the victim in the mage filed of Zahir. Unlike P.W.2 he (P.W.3) has stated that Ò18/3/18 Zvwi‡L mKvj 9t30 NwUKvi mgq Avwg fzÆv †ÿ‡Z jvk †`‡L Avgvi AveŸy‡K †dvb w`‡q ewj †h, fzÆv †ÿ‡Zi g‡a¨ GKwU MjvKvUv jvk c‡o Av‡Q| wKQzÿY c‡i cywjk Av‡m| cieZ©x‡Z 25/3/2018 Zvwi‡L Avmvgx ivRyi †`Lv‡bv g‡Z wfKwU‡gi gv_v cvIqv hvq| H mgq Avmvgx ivRy cywjk‡K Rvbvq †h, Avmvgx †g‡n`x nvmvb, wciæ wgVzb, †g‡n`x nvmvb RR, bvwn`, Bgivb, ivRy wfKwUg Bgivb‡K Mjv †K‡U nZ¨v K‡i‡Q| It is very common & natural statement of P.W.3 regarding the PO where the dead body was found and it appears that Place of occurrence, time of occurrence was admitted and defence did not ask any question about the veracity of the P.O. in cross-examination. That the accused sides have in no way denied the allegations in support of the state's allegations and have no reason to doubt its veracity. That P.W.3 Sayem supported the facts of the case as stated by P.W.2 and the informant P.W.1 so the statement of the P.W.2 & 3 was very reliance.

39. That P.W.5 Md. Abdul Awal son of Md. Mojibur Rahman village Monohorpur, Kumerkhali Kushtia stated in supporting the statement of the Ezahar and the statement of P.W.1 regarding the first phone call to the victim’s mobile number and this witness (P.W.5) reveals the real picture of calling on phone by Mehedi to victim Imran and in this regard P.W.5 clearly- MZ 16/3/2018 wLªt Zvwi‡L g‡bvnicyi MÖv‡g Avgvi dzdv‡Zv fvB †Zvdv gviv hvIqvi w`b Avwg Zv‡`i evmvq wQjvg| Abygvb weKvj 04t00 NwUKvi c‡i Avmvgx †g‡n`x †mLv‡b Av‡m| †g‡n`x Avwmqv e‡j †h, Avgvi †gvevBj †dv‡b UvKv bvB| Avgvi KvQ †_‡K Avgvi †gvevBj †dvb wb‡q GKUz `~‡i wM‡q Kvi mv‡_ †hb K_v e‡j| Zvici †dvbUv Avgv‡K w`‡q †m P‡j †Mj| cieZ©x‡Z AcwiwPZ GKUv b¤^i †_‡K Avgvi †dv‡b Kj Av‡m| †dv‡bi Aci cvk^© †_‡K Avgv‡K Avgvi bvg wRÁvmv K‡i| Zvici Avwg Avgvi bvg ewj| wZwb Avgv‡K e‡j †h, wZwb ev`kv g‡bvnicyi †_‡K †dvb K‡i‡Q| wZwb Avgv‡K wRÁvmv K‡i †h, Zvi †Q‡j Bgivb‡K †K †dvb w`‡qwQj| Avwg Zvnv‡K ejjvg †h, Avwg‡Zv †dvb w`B bvB| Avgvi †dvb wb‡q †g‡n`x †dvb w`‡qwQj|” In cross-examination on behalf of the accused Mehedi Hasan P.W.5 stated that- †g‡n`x Avgvi KvQ †_‡K †dvb wb‡q Kvi Kv‡Q †dvb w`‡qwQj Zv Avwg Rvwb bv|” P.W.5 was delcared hostile by the prosecution where P.W.5 denied the suggestion that he was giving false evidence being influenced by the accused side. That P.W.6 Md. Tipu Sultan regarding the time, place and date of occurrence stated the same like P.W.1, 2, 3 & 5 and in examination in chief P.W.6 stated that- “MZ 16/3/2018 wLªt Zvwi‡L mܨvi mgq Avwg AvjvDwÏb bM‡i evRvi Kwi‡Z hvB| ev`x ev`kv Avgv‡K e‡j, ÒAvgvi †Q‡j Bgivb‡K †g‡n`x bvg K‡i GKUv †Q‡j †W‡K wb‡q †M‡Q gUi mvB‡K‡jÓ| Zvici †_‡K Zvi †Q‡j‡K Avi cvIqv hvq bvB| c‡i Rwn‡ii fzÆv †ÿ‡Z 16/3/2018 wLªt Zvwi‡L GKwU g¯ÍK wenxb jv‡ki K_v ï‡b Avgiv †mLv‡b hvB| wMqv †`wL †h, †mBLv‡b GKwU Dj½ jvk gv_v wenxb Ae¯’vq c‡o Av‡Q| c‡i †mLv‡b cywjk Av‡m Ges jvk nvmcvZv‡j wb‡q hvq| jvk cvIqv hvq 18/3/2018 wLªt Zvwi‡L| 25/3/2018 wLªt Zvwi‡L gvMix‡ei Av‡M m`icy‡ii gvwb‡K Djy e‡bi AvB‡ji Dci ivLv AvMvQvi ¯‘‡ci bxP nB‡Z D³ jv‡ki gv_v cvIqv hvq| D³ gv_v Avmvgx ivRyi mbv³ †gvZv‡eK cvIqv hvq| ivRyi nv‡Z n¨vÛKvd wQj| ivRy‡K Z`šÍKvix Kg©KZ©v NUbvi wel‡q wRÁvmvev` Kwi‡j †m Rvbvq †h, Avmvgx †g‡n`x, ivRy, wciæ wgVzb, RR, Bgivb, bvwn` wg‡j NUbvwU NUvq Ges Zv‡`i †bZ…Z¡ †`q Avmvgx RR|

40. That P.W.8 Md. Nur Alam neighbor of the informant and he stated in his Examination in-chief that “16/3/2018 wLªt Zvwi‡L mܨvi c‡i ev`kv‡`i evwo‡Z †jvKRb †`‡L Avwg †mLv‡b hvB| wM‡q ïwb‡Z cvB †h, ev`kvi †Q‡j‡K †K †hb †dvb w`‡qwQj Ges Zvi †Q‡j †dvb †c‡q P‡j hvq| c‡i Avi wd‡i Av‡m bvB| ev`kvi †Q‡ji bvg Bgivb| c‡i 18/3/2018 wLªt Zvwi‡L Abygvb 9t30 NwUKvi mgq m`icyi Rwn‡ii fzÆv †ÿ‡Zi g‡a¨ GKwU g¯ÍK wenxb jvk Dj½ Ae¯’vq c‡o Av‡Q| ev`kv D³ Zvi †Q‡ji jvk e‡j mbv³ K‡i|” P.W.8 further siad that “25/3/2018 Zvwi‡L weKvj †ejv Avmvgx ivRy‡K cywjk g‡bvnicyi gv‡Vi g‡a¨ wb‡q hvq| ivRy cywjk‡K Rvbvq †h, †g‡n`x, wgVzb, RR, bvwn`, Bgivb GRvnviKvixi †Q‡j‡K nZ¨v K‡i‡Q|” That P.W. 8 was cross-examined by all the accused and stated that “ev`x ev`kv Avgvi cÖwZ‡ekx PvPv‡Zv fvB| Avgvi evox g‡bvnicyi ga¨cvov| ev`kvi evwoi cv‡k| Avgvi evwoi GKUv/`yBUv Ni c‡i ev`kvi Ni| Avwg wb‡R †Kvb NUbv NwU‡Z †`wL bvB| Z‡e jvk I gv_v D×vi Kiv †`‡LwQ| ivRy hLb Z`šÍKvixi Kv‡Q NUbv e‡j ZLb ivRyi K_vgZ Avwg Avmvgx‡`i wP‡bwQ| Avwg ivRy‡K Av‡M †_‡K wPbZvg|” He (P.W.8) denied the suggestion that he did not say the name of the accused to the I.O. and did not tell anything to the IO about the recovery of dead body and head as seperate.

41. That P.W.10 Abul Kalam Azad stated in  his examination in-chief that “MZ 18/3/2018 wLªt Zvwi‡L mKvj 8.30 NwUKvi mgq Rvb‡Z cvwi †h, Rwn‡ii fzÆv †ÿ‡Z jvk Dj½ Ae¯’vq c‡o Av‡Q| Mjv KvUv wQ‡jv jv‡ki| jvkwU Bgiv‡bi e‡j mbv³ Kwi| Avmvgx ivRy, †g‡n`x, †g‡nx` RR, bvwn`, AwbK I wgVz Iqv`y` wg‡j wfKwUg‡K nZ¨v K‡i| Avwg cywj‡ki wbKU Revbew›` w`B| Avmvgxiv W‡K nvwRi|” In Cross-examination by the accused side Ld. Counsel P.W.10 stated that “MZ 18/3/2018 wLªt I 25/3/2018 wLªt Zvwi‡L wZwb cywj‡ki wbKU Revbew›` †`qwb| c‡i  e‡j Revbew›` †`b| ivRyi †`Lv‡bv g‡Z wfKwU‡gi gv_v D×vi nqwb Ges †g‡n`x, wciæ wgVzb, bvwn`, AwbK Ges Iqv`y` †KD NUbv¯’‡j hvqwb Zv mZ¨ bq|” That it is very clear that by doing cross-examination the defence failed to bring any contradiction regarding the manner of occurrence. P.W.10 also deneid the suggestion cross-examination athat the beheaded dead body was not recovered as the accused Razu showed it.

42. That P.W.11 Md. Zahir Sheikh the most important witness stated in his examination in-chief that “MZ 18/3/2018 wLªt Zvwi‡L mKvj 9.30 NwUKvi mgq gv‡Vi g‡a¨ fzÆv †ÿ‡Z A‡bK †jvKRb †`‡Lb| H fzÆv †ÿZwU Zvi Ges †mLv‡b ev`x ev`kvi cyÎ Bgiv‡bi jvk †`‡Lb MjvKvUv Ae¯’vq| wZwb †`‡L P‡j Av‡mb| cywjk Av‡m Zv ï‡bwQ‡jb| c‡i ï‡bb †h, Avmvgx †g‡n`x, wcyi wgVzb, bvwn`, AwbK, Iqv`y` I †g‡n`x RR© wg‡j nZ¨v K‡i jvk †d‡j †i‡L cvwj‡q hvq|” That P.W.11 in cross-examination stated that “wZwb Zvi fzÆv †ÿZ n‡Z P‡j Avmvi ci ïb‡Z cvb †h, cywjk †g‡n`x‡K AvUK K‡i| wZwb wb‡R wfKwUg‡K nZ¨v Ki‡Z †`‡Lb bvB| ev`x ev`kv Zvi wKQz nqbv| MÖv‡gi cÖwZ‡ekx| mZ¨ bq †h, Avmvgx †g‡n`x, wciæ wgVzb, bvwn`, AwbK †Kvb NUbvi mv‡_ RwoZ bq|” That it very clear from the oral evidence of P.W.11 the owner of the maze filed that the police recovered a body less head (Inquest report marked as Exbt. No.2) from the “Rwn‡ii fzÆv †ÿ‡Z” and that has been proved so and later we will discuss the PO as described in the Sketch Map & Index prepared by the three Investigation officer (P.W.21, P.W.22 & P.W.23).

43. That P.W.13 Inzamul Karim @ Shishir stated in his examination in-chief that “MZ 16/3/2018 wLªt Zvwi‡Li g‡a¨ ïb‡Z cvB Avmvgx †g‡n`x, wciæ wgVzb, evey Avn‡¤§`, bvwn`, †g‡n`x RR© I Iqv`y` 06 Rb wg‡j ev`xi cyÎ Bgivb‡K nZ¨ K‡i Zvi MjvKvUv jvk m`icyi Rwn‡ii fzÆv †ÿ‡Z †d‡j Bgiv‡bi cvjPvi gUi mvB‡Kj wb‡q cvwj‡q hvq| MZ 16/3/2018 wLªt Zvwi‡L ïµevi ivq Wv½vq `vIqvZ †L‡Z hvq| Bgiv‡bi wbK‡U †dvb Av‡m GeO †cvb †c‡q LvIqv †kl K‡i †Uwe‡ji Dc‡i †dvb †i‡L gUi mvB‡Kj wb‡q P‡j hvq| wKQzÿY ci Bgiv‡bi b¤^‡i †dvb Av‡m †k‡l 21 b¤^i †_‡K| †dvb Avm‡j Avwg wiwmf Kwi Ges Bgivb fvB P‡j †M‡Q ewj|” That P.W.13 is the most vital witness who saw the victim Imran last time when he went out after getting phone call bearing last number 21 digit and he (P.W.13) recieved the call and stated that victim Imran was gone away having with a Pulser motorcycle. P.W.13 was cross-examined but he (P.W.13) he deneid the suggestion that he did not tell nothing to the I.O. what he is giving evidence today. That it is very clear that about the involvement of the 06 accused namely 01. Mehedi Hasan, 02. Md. Shahidur Rahman @ Piru Mithun, 03. Mehedi Hasan Joj, 04. Nahid Hasan, 05. Anik Hasan & 06. Wadud Islam Razu were in the murder to the victim on the alleged date, time and place of occurrence P.W.3, P.W.6, P.W.8, P.W.10, P.W.11 supported and corroborated with the evidence of P.W.1, the informant and with the evidence of P.W.21 police Inspector Abdul Alim who after intoto investigation submitted charge sheet against the above mentioned 06 (six) accused persons being found primary allegations against them. That it is to be mentioned here that the defence side stated the prosecution witnesses was merely hearsay witnesses and on the basis of hearsay evidence no punishment is to be awarded. It is very clear from the statement of P.W.3, P.W.6, P.W.8, P.W.10, P.W.11 along with other local witnesses & official witnesses they all have supported the proposition of the informant P.W.1 and the statement of Ezahar so the witnesses statement is not mere hearsay as there was a chain of hearing the incident from the relevant person & source as such the defence of hearsay evidence adduced by the prosecution can not be sustained and the prosecution has successfully proved the incident by adducing oral evidence regarding the accused person who were present at the time of occurrence.

Date of Occurrence: 

44. The date of occurrence was on 16-03-2018 A.D. at 7.00 PM to 18-03-18 A.D. at 9.30 PM and within this any time at Sadarpur village of Kumerkhali police station, Kushtia. P.W.1, Badsha Sheikh the informant stated in ‘Ezahar’ that- “GRvnviKvixi aviYv MZ 16/3/2018 wLªt ZvwiL ivwÎ Abygvb 19.00 NwUKv †_‡K 18/3/2018 wLªt ZvwiL Abygvb 9.30 NwUKvi g‡a¨ †h‡Kvb mg‡q Avmvgx †g‡n`x, †gvt wciæ wgVzb mn AÁvZbvgv Avmvgxiv Zvi †Q‡j‡K c~e© cwiKwíZfv‡e AcniY K‡i D³ ¯’v‡b wb‡q wM‡q Mjv †K‡U nZ¨v K‡i‡Q Ges Zvi †Q‡ji e¨eüZ gUi mvB‡KjwU Pzwi K‡i‡Q|” and as P.W.1 Badsha Sheikh stated the same regarding the date of occurrence and P.W.2 Nayeb Ali, P.W.3 Sayem, P.W.5 Abdul Awal, P.W.6 Tipu Sultan and P.W.8 Md. Nur Alam, P.W.10 Abul Kalam & P.W.13 Shishir has supported and corroborated the statement of P.W.1 and the defence side Ld. Counsel of the accused perosns did not cross-examin the P.Ws. and failed to bring any contradictions regarding date of occurrence so it is well asserted that from the oral evidence of P.W.2, P.W.3, P.W.5, P.W.6-7, P.W.10 & P.W.13 regarding the date of occurrence was very much reliance and caused reasonable.

Place of Occurrence:

45. As per FIR version MZ 18-03-2018 wLªt Zvwi‡L Bgiv‡bi MjvKvUv jvk cvIqv hvq Rwn‡ii fzUªv †ÿ‡Zi wfZi Dj½ Ae¯’vq| P.W.1 the informant stated in his examination in-chief18/3/2018 wLªt ZvwiL mKvj Abygvb 9.30 NwUKvi mgq g‡bvnicyi MÖvg¯’ †gvt mv‡qg Zv‡K †dvb K‡i Rvbvq †h, †g‡n`x mv‡qg‡K Rvwb‡q‡Q †h m`icyi fzÆv †ÿ‡Zi g‡a¨ GKwU gv_vwenxb MjvKvUv jvk c‡o Av‡Q|In this regard of P.O. the defence side did not cross-examine this witness (P.W.1). P.W.3 Sayem in his examination in-chief supported the statement of FIR and P.W.1 and said that18/3/18 Zvwi‡L mKvj 9t30 NwUKvi mgq Avwg fzÆv †ÿ‡Z jvk †`‡L Avgvi AveŸy‡K †dvb w`‡q ewj †h, fzÆv †ÿ‡Zi g‡a¨ GKwU MjvKvUv jvk c‡o Av‡Q| wKQzÿY c‡i cywjk Av‡m|” P.W.2 Nayeb Ali in his examination in-chief supported the statement of FIR and said that “18/3/18 Zvwi‡L mKvj 9t30 NwUKvi mgq Avgvi †Q‡j mv‡qg Avgv‡K †dvb w`‡q e‡j †h, fzÆv †ÿ‡Zi g‡a¨ GKwU MjvKvUv jvk c‡o Av‡Q| Avwg msev` ïwbqv NUbv¯’‡j hvB| wMqv †`wL †h, Dj½ Ae¯’vq GKwU jvk cwoqv Av‡Q| wKš‘ gv_v bvB|” That P.W.2 was also an witness of Inquest report (Exbt. No.2) and put signature on the Surothal report very properly and in this regard the defence side did not make cross this witness (P.W.2) and did not bring any material contradictions regarding P.O. That P.W.8 Md. Nur Alam stated in his examination in-chief that “c‡i 18/3/2018 wLªt Zvwi‡L Abygvb 9t30 NwUKvi mgq m`icyi Rwn‡ii fzÆv †ÿ‡Zi g‡a¨ GKwU g¯ÍK wenxb jvk Dj½ Ae¯’vq c‡o Av‡Q| ev`kv D³ Zvi †Q‡ji jvk e‡j mbv³ K‡i|” the defence side did not make cross this witness (P.W.8) and did not bring any material contradictions regarding P.O. That P.W.10 Abul Kalam stated in his examination in-chief that “MZ 18/3/2018 wLªt Zvwi‡L mKvj 8.30 NwUKvi mgq Rvb‡Z cvwi †h, Rwn‡ii fzÆv †ÿ‡Z jvk Dj½ Ae¯’vq c‡o Av‡Q| Mjv KvUv wQ‡jv jv‡ki| jvkwU Bgiv‡bi e‡j mbv³ Kwi|” and the defence side did not cross-examine this witness (P.W.10) regarding P.O. That P.W.11 Md. Zahir Sheikh stated in his examination in-chief that-“MZ 18/3/2018 wLªt Zvwi‡L mKvj 9.30 NwUKvi mgq gv‡Vi g‡a¨ fzÆv †ÿ‡Z A‡bK †jvKRb †`‡Lb| H fzÆv †ÿ‡ZwU Zvi Ges †mLv‡b ev`x ev`kvi cyÎ Bgiv‡bi jvk †`‡Lb MjvKvUv Ae¯’vq|” and the defence side did not cross-examine this witness (P.W.11) regarding P.O. and it is well proved that the maze filed owner Zahir himself adduced evidence regarding first P.O. Rwn‡ii fzÆv †ÿ‡Z”. That P.W.14 constable No.226 Ashraful Islam stated in his examination in chief that “MZ 18/3/2018 wLªt Zvwi‡L wfKwUg Bgiv‡bi jvk Rwn‡ii fzÆv †ÿZ n‡Z m`icyi MÖvg n‡Z Kzwóqv m`i nvmcvZv‡j wb‡q hvb|” and the accused side did not cross-examined this witness about the P.O. and that P.W.20 S.I. Ferdous Alam has stated in his examination in-chief that “MZ 18/3/2018 wLªt Zvwi‡L KzgviLvjx _vbvq Kg©iZ _vKv Ae¯’vq msev` cvB †h, g‡bvnicy‡i GKwU gvW©vi n‡q‡Q| Avwg NUbv¯’‡j wM‡q R‰bK †gvt Rwni Gi fzÆv †ÿZ n‡Z GKwU g¯ÍK wenxb jvk cvB| Avwg NUbv¯’‡j mvÿx‡`i mvg‡b myiZnvj wi‡cvU© cÖ¯‘Z Kwi|” He further stated in his examination in-chief that “18/3/2018 wLªt Zvwi‡L Avwg 11.10 NwUKvi mgq KzgviLvjx _vbvaxb †gvt Rwn‡ii fzÆv †ÿ‡Zi ga¨ n‡Z RãK…Z gvjvgv‡ji eY©bvq ewY©Z AvjvgZ D×vi K‡i RãZvwjKv cÖ¯‘Z Kwi|” and it is proved that P.W.20 prepared surothal report (Exbt. No.2) of victim Imran dated 18-03-2018 A.D. and prpeared also seizure list on 18-03-2018 A.D. (Exbt. No.10). That regarding the P.O. Zahir’s maze field Rwn‡ii fzÆv †ÿ‡Z” (Sketch Map-Exbt. No.12) as First Place of occurrence, the P.W.1, P.W.2, P.W.3, P.W.5-8, P.W.10, 11 & P.W.12-13, P.W.15-18 and Investigation Officer I.O. P.W.22 & 21 stated in same tune and the defence side cross-examined regarding the P.O. but the PO was not at all shifted and date, time and place was same as stated & narrated in Ezahar which was corroboarted by the evidence of P.W.1 the informant.

 2nd Place of Occurrence:

46. That P.W.1 the informant stated in his examination in-chief 25/8/2018 wLªt Zvwi‡L Avgvi †Q‡ji jv‡ki g¯ÍK Avmvgx ivRyi †`Lv‡bv g‡Z dvwb‡Ki Djy†ÿ‡Z cvIqv hvq| | In this regard of 2mw P.O. the defence side did not cross-examine this witness (P.W.1). P.W.2 Nayeb Ali in his examination in-chief supported the statement of FIR and said thatcieZ©x‡Z 25/3/2018 wLªt Zvwi‡L Avmvgx ivRyi †`Lv‡bv g‡Z wfKwU‡gi gv_v cvIqv hvq|That P.W.2 was also an witness of 2nd Inquest report (Exbt. No.3) and put signature on the Surothal report very properly and in this regard the defence side did not make cross this witness (P.W.2) and did not bring any material contradictions regarding P.O. That P.W.6 Md. Tipu Sultan by supporting the statement of P.W.1 stated in his examination in-chief that-“25/3/2018 wLªt Zvwi‡L gvMix‡ei Av‡M m`icy‡ii gvwb‡K Djy e‡bi AvB‡ji Dci ivLv AvMvQvi ¯‘‡ci bxP nB‡Z D³ jv‡ki gv_v cvIqv hvq| D³ gv_v Avmvgx ivRyi mbv³ †gvZv‡eK cvIqv hvq|” That P.W.8 Md. Nur Alam by supporting the statement of P.W.1 about 2nd P.O. and stated in his examination in-chief that 25/3/2018 Zvwi‡L weKvj †ejv Avmvgx ivRy‡K cywjk g‡bvnicyi gv‡Vi g‡a¨ wb‡q hvq| ivRy cywjk‡K Rvbvq †h, †g‡n`x, wgVzb, RR, bvwn`, Bgivb GRvnviKvixi †Q‡j‡K nZ¨v K‡i‡Q| c‡i ivRyi †`Lv‡bv g‡Z jv‡ki gv_v D×vi K‡i cywjk wb‡q hvq|and this witness also put signature on the 2nd Inquest report and put signature which has been marked as Exbt. No. 3/2. That P.W.10 Abul Kalam stated in his examination in-chief that25/3/2018 wLªt Zvwi‡L dvwbK w`s Gi Djy‡ÿ‡Z gv_v D×vi nq Avmvgx ivRyi †`Lv‡bv g‡Z|and P.W.22 S.I. Milton Kumer recovered the skull of (‡`n †_‡K wew”Qbœ gv_v) of the dead body of victim Imran and P.W.22 prpeared Surothal report (Exbt. No.3) and put signature thereupon which has been marked as Exbt. No. 3/3 and the defence side did not cross-examine this witness (P.W.22) regarding 2nd P.O.That regarding the 1st and 2nd Place of occurrence the Inevstigation Officer P.W.21 Inspector Abdul Alim and P.W.22 S.I. Milton Kumer Debnath has stated and corroborated with the statement of ‘Ezahar’ version as well as with the informant oral evidence as P.W.1. That P.W.20 S.I. Ferdous Alam prepared Inquest report (Exbt. No. 2) and Seizure list dated 18-03-2018 A.D. (Exbt. No.10). That  P.W. 21 and 22 as formal witness according statements in ‘Examaination-in-chief’ stated that as investigation officer in the instant case he (P.W.22) visited the place of occurance and that  he prepared ‘Index’ marked as Exbt Nos. 14, 15- and S.I. Miltons’s signature as Exbt. No.14/1-15/1 and ‘Sketch Map’ marked as Exbt Nos. 12, 13 -and S.I. Milton’s’s signature as Exbt. No. 12/1, 13/1 separate and that he (P.W.22) examined informant and witnesses and that recorded the statements of witnesses under section 161 of the Criminal Procedure Code and that took steps for examining the seized ‘Alamats’ in question and that considering the statements of witnesses, seizure list witness S.I. Milton’s signature on Inquest as Exbt No.3/3 and his prpeared seizure list and S.I. Miltons signature thereon marked as Exbt. No.5/2 & 6/2 and S.I. Miltons while transferred during investigation handed over the case docket to the P.W.21 Police Inspector Md. Abdul Alim who after overall investigation connected all relevant papers as preliminary Case was made out so, he ( P.W.21) submitted charge-sheet No.73 dated 23-04-2020 A.D. against the accused persons namely (1) Mehedi Hasan, 2) Shahidur Rahman @ Piru Mithun, 3) Mehedi Hasan Joj and (4) Nahid Hasan, 5) Anik Hasan & 6) Md. Md. Wadud Islam @ Razu. That the defence side Ld. Counsel cross-examined P.W.21 & 22 but failed to bring any contradictions regarding the palce of occurrence (PO) of the case so the evidence of P.W.21 & P.W.22 caused cogent and is very much reliance and P.W.22 S.I. Milton Kumer boldly denied the suggestion that the confessional statement of accused Mehedi was recorded and made with coercion and by fear of cross-fire. The accused side did not ask any question about the veracity of such Place of occurrence Sketch Map & Index. Even the defence did not deny the testimony of P.W.21 & 22 regarding P.O. of the instant case. So it is well assserted in oral evidence of P.W. 9 about 2nd place of occurrence rather than the Index & Sketch map of P.O. It is well proved the 1st and 2nd place of occurrence (P.O.) of this case.

Seized Alamots and its recovery

47. That P.W.7 Md. Kamrul Islam is the seizure list witness who stated in Examination in chief that- “gUi mvB‡Kj D×vi n‡q‡Q e‡j `v‡ivMv GKwU KvM‡R Avgvi KvQ †_‡K ¯^vÿi †bq| Avwg Mvwo †`wL bvB| mKj Avmvgxi c‡ÿ †Rivq GB mvÿx (P.W.7) e‡jb †h, wZwb BkvjWv½v †gv‡o Pv‡qi †`vKv‡b e‡m wQ‡jb| H mgq cywjk Zvi ¯^vÿi †bq|”. That P.W.7 as seizure list witness he put signature on the seizure list which has been marked as Exbt. No. 6/1 and the defence did not ask on elaborate in cross-examination so the statement of the P.W.7 was very reliance. That P.W.14 Constable No. 226 Md. Asraful Islam stated in his examination in chief that “MZ 18/3/2018 wLªt Zvwi‡L wfKwUg Bgiv‡bi jvk Rwn‡ii fzÆv †ÿZ n‡Z m`icyi MÖvg n‡Z Kzwóqv m`i nvmcvZv‡j wb‡q hvb| RãZvwjKv cÖ¯‘Z K‡i MZ 18/3/2018 wLªt Zvwi‡L Gm. AvB †di‡`Šm Avjg Ges mvÿxi Kjv‡g 3bs G Zvi bvg wj‡LwQ‡jv wKš‘ ¯^vÿi cÖ`vb K‡ib bvB| RãZvwjKvq Zvi bvg Av‡Q|” That P.W.2 also adduced evidence as seizure list witness and P.W.2 put signature on the seizure list which has been marked as Exbt. No. 5 & signature as Exbt. No. 5/1. P.W.22 S.I.Milton Kumer Devnath prepared seizure list on 20/03/2018 A.D. (Exbt. No. 5) and another seizure list prpepared on 22/03/2018 A.D. (Exbt. No.6) and P.W.22 stated in his Examination in chief that “Avmvgx ivRyi †`qv Z‡_¨i wfwˇZ GB gvgjvi AvjvgZ gUi mvB‡Kj D×vi K‡i RãZvwjKv cÖ¯‘Z Kwi| Dnv‡Z wb‡R ¯^vÿi Kwi Ges mvÿx‡`i ¯^vÿi MÖnY Kwi| wbn‡Zi gv_v D×vi c~e©K gv_vi myiZnvj wi‡cvU© I RãZvwjKv cÖ¯‘Z Kwi|” P.W.20 S.I. Ferdous Alam also prpeared a seizure list on 18-03-2018 A.D. (Exbt. No.10) P.W.20 stated in his Examination in chief that “MZ 18/3/2018 wLªt Zvwi‡L KzgviLvjx _vbvq Kg©iZ _vKv Ae¯’vq msev` cvB †h, g‡bvnicy‡i GKwU gvW©vi n‡q‡Q| Avwg NUbv¯’‡j wM‡q R‰bK †gvt Rwni Gi fzÆv †ÿZ n‡Z GKwU g¯ÍK wenxb jvk cvB| Avwg NUbv¯’‡j mvÿx‡`i mvg‡b myiZnvj wi‡cvU© cÖ¯‘Z Kwi| mvÿx‡`i ¯^vÿi MÖnY Kwi Ges wb‡R ¯^vÿi Kwi| †K ev Kviv †g‡i †d‡j †i‡L P‡j hvq| Kb‡÷ej Avkivdz‡ji gva¨‡g jvkwU g‡M© †cÖiY Kwi| 18/3/2018 wLªt Zvwi‡L Avwg 11.10 NwUKvi mgq KzgviLvjx _vbvaxb †gvt Rwn‡ii fzÆv †ÿ‡Zi ga¨ n‡Z RãK…Z gvjvgv‡ji eY©bvq ewY©Z AvjvgZ D×vi K‡i RãZvwjKv cÖ¯‘Z Kwi| Dnv‡Z Avgvi ¯^vÿi Av‡Q|” the Ezahar version and P.W.1 the informant’s statement regarding the seized alamots was fully supported by the P.W.2, P.W.7, P.W.20 and P.W.22 and the defence side thougfh corss-examined the P.Ws. but did not bring any contradictions about the seized items so the prosecution has been able to prove the seizure list and seized alamots intoo which caused reasonable and very much reliance.

48. Apart from this P.W.12 Sobur Ali, P.W.15 Md. Saidul ISlam, P.W.16 Md. Abdul Mannan, P.W.17 Md. Mohidul, P.W.18. Mrs. Dolon Nessa was declared tendred witnesses and the defence side did not cross-examined as such their statement remains intact as these five witnesses (P.W.12, P.W.15, P.W.16, P.W.17 &-P.W.18) statement regarding the facts of the cases remains successfull and considered as corroborative with the prosecution case.  P.W.12, P.W.15, P.W.16, P.W.17 &-P.W.18 was delcared tenered as their statement was the same like P.W.10 & 11 and like P.W.13 & 14) and that prosecution to avoid redundancy and duplicate evidence more time declared the witnesses tendered as the law permits it and in support of this in the connection we can refer a case of Takhaji Hiraji Vs. Thakore Kubersing Chmansing & Others [6 SCC 145] where Indian Supreme Court held a decision which as under observed;-

“19. It already overwhelming evidence is available and examination of other witnesses would only be a repetition or duplication of the evidence already adduced, non-examination of such other witnesses may not be material. In such a case, the Court ought to scrutinize the worth of the evidence adduced. The Court of facts must ask itself-whether in the facts and circumstances of the case, it was necessary to examine such other witness, and if so, whether wuch witness was available to be examined any yet was being withheld from the Court. If the answer be positive then only question of drawing and adverse inference may arise. If the witnesses already examined are reliable and the testimony coming from their mouth is unimpeachable the Court can safely act upon it, uninfluenced by the factum of no-examination of other witnesses.........”

That the Ld. Counsel submits a case law about tendering not proper in murder case not proper is not applied in the instant case as reporetd in 6 BCR (HCD) 112-119 as the P.Ws all adduced by the prosecution stated the same about place of occurrence, time of occurrence & manner of occurence. So to avoid the redundancy the prosectuion tendered the four witneses P.W.15-18 & P.W.12 which was approved in the criminal cases.

Confessional Statement is how far true and voluntary:

49. As a result, in order to ascertain the truth of this incident, it is necessary to pay close attention to the real situation, in attending circumstances especially where there is a shortage of direct/eye- witnesses. ” d‡j GB NUbvi mZ¨Zv wbiæc‡Yi ‡ÿ‡Î Attending Circumstances Z_v ev¯Íe cvwicvwk¦©KZvi cÖwZ Mfxi g‡bv‡hvM ivL‡Z n‡e we‡klZ †hLv‡b cÖZ¨ÿ mvÿxi AcÖZzjZv i‡q‡Q|However, the specialty of the present case is that P.W. 3 Sayem, P.W. 2 Nayeb Ali and P.W.13 Inzamul Karim Shishir, is a very important witness of this incident. as first time P.W.3 Sayem saw the victim Imran’s dead body in the zahir’s maze filed and shishir recieved the phone while victim imran went out by getting phone. However, the important feature of the case is the confessional statements (Exbt. No. 4 & 9) of the accused Mehedi Hasan and Md. Sahhidur Rahman @ Piru Mithun. Let us first look at the statement of this confession.

50. That the Ld. Senior Judicial Magistrate, Md. Enamul Haque (P.W.4) Kushtia recorded the confessional statement of the accused Md. Sahhidur Rahman @ Piru Mithun on 25-03-2020 A.D. under the provisions of Section 164 of the Criminal Procedure Code following the procedure of section 364 of the Cr,P.C. Md. Sahhidur Rahman @ Piru Mithun in his confessional statement said that,

ÒAvwg h‡kv‡i GKwU Jla †Kv¤úvbx‡Z PvKzix KiZvg| †mLvb †_‡K weMZ 15/3/2018 wLªt Zvwi‡L QzwU wb‡q evwo‡Z Avwm| 16/3/2018 wLªt ZvwiL ivwÎ 8 NwUKvi mgq Avwg Avgvi GjvKvi Kwi‡gi †`vKv‡bi cv‡k emv wQjvg| H mgq GKwU gUi mvB‡Kj K‡i 3 Rb Av‡m| Zviv †g‡n`x nvmvb RR, bvwn`, AwbK| Zv‡`i g‡a¨ †g‡n`x nvmvb RR Avgvi cwiwPZ| bvwn` I AwbK Avgvi cwiwPZ wQj bv| Gici RR Avgv‡K m`icy‡ii Lv‡ji wbKU Avm‡Z ej‡j H mgq Avwg ewj †Zviv hv Avwg fvZ †L‡q AvmwQ| Gici Avwg fvZ †L‡q 30 wgwbU ci Lv‡ji Kv‡Q hvB Ges †`wL Zviv 3 Rb g` Lv‡”Q| H mgq RR GKR‡bi mv‡_ †gvevB‡j K_v e‡j Ges Zv‡`i‡K `ªæZ Avm‡Z e‡j| K_v ejvi 30 wgwbU ci GKwU gUi mvB‡K‡j K‡i †g‡n`x I Bgivb Av‡m| ZLb RR e‡j Bqvev Lv‡e †K †K? ZLb AwbK, †g‡n`x, Bgivb e‡j Avgiv Lv‡ev| ZLb Zviv Bqvev Lvevi Rb¨ gv‡Vi w`‡K iIbv †`q| Avi Avwg I bvwn` Lv‡ji cv‡kB e‡m _vwK| wKQzÿY ci Avgvi mv‡_ _vKv bvwn` GZ †`ix Ki‡Q P‡jb hvB †`‡L Avwm| bvwn‡`i K_vgZ Avwg I bvwn` Zv‡`i Kv‡Q †h‡Z †h‡ZB GKUz `~i †_‡K M¨vÄv‡gi kã ïwb Ges Kv‡Q †h‡q †`wL RR, AwbK, †g‡n`x Bgivb‡K gvi‡Q ZLb Avgvi mv‡_ _vKv bvwn`I I‡`i mv‡_ hy³ n‡q Bgivb‡K gvi‡Z _v‡K| GiB g‡a¨ RR wKQz GKUv w`‡q Bgiv‡bi gv_vq AvNvZ K‡i Avwg †VKv‡bvi †Póv Kwi ZLb RR Avgv‡KI GKUv AvNvZ K‡i| Gici †g‡n`x nvmvb RR Zvi c‡KU n‡Z PvKz †ei K‡i Bgiv‡bi Mjvq †cvR †`q ZLb Avwg RR‡K ewj ZzB GUv wK Kiwj| ZLb †m Avgv‡K e‡j GKUv K_v ej‡j †Zv‡K gvi‡ev| Bgiv‡bi Mjvq †cvR †`evi ci †m gvwU‡Z c‡o hvq| ZLb RR Avgv‡K G wel‡q KvD‡K Rvbv‡j Avgvi bvg Av‡M w`‡e e‡j ûgwK †`q| Zvici RR Zvi c‡KU n‡Z GKwU wc¯‘j †ei K‡i Avgv‡K ûgwK †`q| R‡Ri K_v I wc¯‘j †`‡L Avwg fq †c‡q hvB| H mgq †g‡n`x, AwbK, RR civgk© K‡i Bgiv‡bi jvk wK Kiv hvq| ZLb AwbK e‡j jvkwU cywo‡q †`q| †g‡n`x e‡j jvk UzKiv UzKiv Kwi| ZLb RR Bgiv‡bi Mjv †`n †_‡K Avjv`v Kivi Rb¨ PvKz w`‡q KvU‡Z _v‡K wKš‘ e¨_© nq| Gici AwbK R‡Ri KvQ †_‡K PvKz wb‡q gv_v wew”Qbœ Kivi cÖ¯‘Z †bq| AwbK wKQzUv KvUvi ci Awb‡Ki KvQ †_‡K PvKz wb‡q †g‡n`x gv_v wew”Qbœ K‡i| Zvici RR Avgv‡K I bvwn`‡K e‡j †Zviv 2 Rb Mvox 2 wU wb‡q bvwn‡`i evwo‡Z †i‡L Avq| Zvi K_v gZ Avwg I bvwn` Mvwo 2 wU bvwn‡`i evwo‡Z †i‡L Avwm| Avwg I bvwn` Mvwo ivLvi Rb¨ gvV n‡Z P‡j Avwm H mgq Bgiv‡bi jv‡ki Kv‡Q AwbK, RR I †g‡n`x _v‡K| Zviv e‡j †Zviv hv Avgiv jv‡ki e¨e¯’v K‡i AvmwQ| Avwg I bvwn` ivwÎ Abygvb 11.30 NwUKvi w`‡K P‡j Avwm Mvwo wb‡q AviI NUbv N‡U| ivwÎ 11 NwUKvi w`‡K| RR Bgiv‡bi Mjvq †cvP †`evi ci †m gvwU‡Z c‡o QUdU Ki‡Z _v‡K Ges ch©v‡q i³ÿi‡Y Bgivb gviv wM‡qwQ‡jv|Ó

That summing up the confessional statements (accorded under section 164 of the Cr. P. C) of accused namely Md. Shahidur Rahman @Piru Mithun it is apparent that on 18/3/2018 A.D. at 8 o'clock in the night he was sitting next to Karim's shop in his area. At that time 3 people came on a motorcycle. They are Mehdi Hasan Judge, Nahid, Anik. Among them Mehedi Hasan Judge is known to him. Nahid and Anik were not familiar to him. Then the judge asked me to come near the canal of Sadarpur. At that time he told you that he was eating rice. Then after eating rice he went to the canal after 30 minutes and saw 3 people drinking wine. At that time, the judge talked to someone on his mobile phone and asked them to come quickly. After 30 minutes of talking, Mehdi and Imran came on a motorcycle. Then the judge said who will eat yaba? Then we will eat Anik, Mehdi, Imran. Then they set out for the field to eat yaba. And Nahid and he were sitting next to the canal. After a while, Nahid, who was with him, was going so late that he came to see him. According to Nahid, as soon as Nahid and he approached them, they heard the sound of ganja from a distance and when we approached, he saw Joj, Anik, Mehedi beating Imran. In the meantime, the Joj hit Imran on the head with something and he tried to stop him, but the joj hit me too. Then Judge Mehdi Hasan took a knife out of his pocket and posed for Imran's neck. Then he told the judge what you did. Then if he says something to him, he will kill you. After Imran posed on his neck, he fell to the ground. The Joj then threatened to name him if Kaunek informed me about it. The judge then pulled a pistol out of his pocket and threatened me. He was shocked to see the judge's words and the pistol. At that time Mehedi, Anik, Joj suggested what can be done with Imran's body. Then Anik said and burnt the body. He cut the corpse into pieces called mehedi. Judge Imran then cut his throat with a knife to separate it from his body but failed. Anik then prepares to behead the judge with a knife. After cutting Anik, Mehedi cut off his head with a knife from Anik. Then the Joj told me and Nahid to take two cars and leave them at Nahid's house. According to him, Nahid and he left the car at Nahid's house. Nahid and he left the field to park the car. At that time, Anik, Judge and Mehdi were near Imran's body. They say you are what we have been arranging for the corpse. Nahid and he arrived at around 11.30 pm and more incidents happened with the car. Around 11 o'clock at night. After being punched in the neck by Joj Imran, he fell to the ground and began to squirm, and Imran died of bleeding at the stage. "

50. On the other hand, and that P.W.19 Ld. Senior Judicial Magistrate, Md. Mizanur Rahman recorded the confessional statement of the accused Md. Mehedi Hasan dated 21-03-2018 A.D. under the provisions of Section 164 of the Criminal Procedure Code and followed the procedure of section 364 of the Cr,P.C.. Md. Mehedi Hasan in his confessional statement said that-,

 

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That summing up the confessional statements (accorded under section 164 of the Cr. P. C) of accused namely Md. Mehedi Hasan and stated that "I have known Victim Imran since he was a child. Victim has a gold shop in front of Janata Bank in Kushtia. He used to walk, get up and sit together with Victim. Imran and he would go anywhere together. On Thursday, 4 days before the incident, a boy named Piru Mithun was met on the railway line of Alauddin Nagar. His acquaintance was with him for intoxication. He used to call him Dada. We sat on the railway line and kept talking. He also had no money. We have a plan that we will take Imran's new motorcycle Pulsar 150cc from him after intoxicating him a lot. So that he does not feel that we have taken his motorcycle. Piru Mithun tells me not to make any call on his phone and also told him to reach the bamboo garden on Saturday 16/3/2018 A.D. between 10.30 pm and 10.45 pm. On Fridays he studied from 7.00 pm to 10.30 pm. Then he went to sleep. I woke up on Saturday morning. On Saturday 18/3/2018 A.D. he read from 7.30 pm to 10.00 pm. He kept watching movies with his mobile in hand. He turned off the lights at 10.25 am and left the room. Fill the vessel with trowel pressure so that his father and mother can understand when he heard the sound. He had really gone to the bathroom. He did not go to the bathroom but left the vessel aside and went straight through the field to the bamboo garden of Gokul. It is estimated to be 10.30 pm. He went there and saw Imran, Piru Mithun and 2 other people (I don't know Piru Mithun's associates) sitting in a circle and eating marijuana. Come and see me nephew Imran. Make me a flute. He made him a Bashi Gaza. Imran made me a Gaza stick (like a cigarette). They live in Gaza from Bashi. He keeps eating Gaza on a stick. He kept noticing that Piru was feeding Mithun Imran more cannabis. After eating Gaza, they ate dendrites in glue polythene. It is a kind of intoxication. When it is time to eat, it is time to drink wine. He drank a glass of wine first. Imran drank half a liter of wine in a bottle. Piru Mithun and his two accomplices started drinking alcohol in the goose. There were also cigarettes. After drinking 3 liters of wine out of 4 liters, Piru Mithun gives Asha a hint that now the work can be done. (Keys can be taken on a motorcycle). He wanted the total bicycle from Imran. He says you are a small man. You can't afford such a big motorcycle. Then Piru Mithun said that he was tall. Give him the key. Then Imran does not want to give the key. Then there was an argument between them. One of Piru Mithun's associates grabbed Imran from behind. Then Piru Mithun took the key from Imran. Then Imran swept the key ring. The tension between the two broke in the middle. Imran had the key ring in his hand and Piru Mithun had the key. A fight broke out between Imran and Piru Mithun. At one point, Piru Mithun brought a bash about three feet long and hit Imran hard on the head. I told Piru Mithun what was going on. That was not to be. Piru Mithun's colleague pulled out a hoof and told me that if he said anything else he would lower my throat. Immediately after the first injury, Imran knelt down and sat down in the garlic field. When Piru Mithun hit Imran on the head with that bash again, Imran became senseless and fell into the garlic field. The bamboo with which Imran was hit Piru Mithun raised the bamboo under Imran's neck. One of Piru Mithun's two associates grabbed Imran's legs. Another held Imran's two hands together and pressed them to his chest. Piru Mithun then cut Imran's throat with that razor and separated his head from his body. Piru Mithun scolded him loudly. He says to take off Imran's T-shirt and pants. He took off his T-shirt and pants. Imran had a ring (3 o'clock) and a bracelet in his hand. Piru Mithun says that will your father open those? He took off that ring and bracelet at 3 o'clock. He opened it and gave it to Piru Mithun. Piru Mithun fills Imran's severed head and t-shirt, pants, 03 rings and bracelet in polythene. He ordered me to leave Imran's body in the corn field from the garlic field. He grabbed Imran's 2 legs and one of Piru Mithun's associates grabbed Imran's body under his armpits. The two of us left Imran's body in the corn field. Piru Mithun, his 2 associates and he went to Shilaidaha Ghat on 8 motorcycles with these 4 people. When Piru Mithun went to the wharf where the work of baking was going on, Imran's head and all that was in the polythene was left in 01 minute. It is estimated to be 1.00 to 1.20 pm. Piru Mithun drove that motorcycle again and took us to Alauddin Mosque. Lets him down there. They back to Shilaidahar. He walked home. It is estimated to be 1.40 to 1.50 pm. The next morning he went to the field after hearing the shouting. He took 2 pictures of Imran's body on my mobile. The police arrived within 30/40 minutes of his departure. The police arrested him. Victim Imran's uncle Badal shows him. So the police arrested him. He was arrested and taken to the police station. He told everything during the police interrogation."

52. From the above mentioned confessional statement of the earlier mentioned accused 01. Md. Mehedi Hasan and 02. Md. Shahidur Rahman @ Piru Mithun recorded by P.W. 4 and P.W.19 by Ld. First Class Senior Judicial Magistrate, Kushtia (prescribed form of confessional statement Exbt. No. 4 & 9) and the above confessional statement are very much pertinent to this case and involvement of the accused named in charge sheet. It is settled principle of Law on analyzing the evidence i.e. the confessional statement clearly proves that the accused person namely 01. Md. Mehedi Hasan and 02. Md. Shahidur Rahman @ Piru Mithun in the committing offence of murder to the victim and the statement is corroborated by the evidence of P.W.1. 2-3, 5-11 & P.W.13 and by the several circumstances as depicted in the planning and development of finality of commiting murder to the victim Imran on 16-03-2018 A.D. at 7.00 pm at night to 18-03-2018 A.D. at 9.30 PM and wihtin this time in the P.O. That after careful scrutiny of the confessional statement of the two accused which marked as Exbt. Nos. 4 & 9 was done with due care and attention by the recording Ld. Magistrates and I find no legal drawbacks and vaccume in the conessional statement and the Ld. Magistarte followed the procedures of section 164 & 364 of Criminal Procedure Code. So the defence case of accused Mehedi Hasan’s Ld. Counsel in argument, Ld. Magistrate did not give memorandum after recording confession could not be sustained in the law.

52. It is an established principle of evidence analysis that the confessional statement of the accused must in fact be a confession of guilt by attaching itself to the crime committed; it must be qualitatively true and voluntary. If all these conditions are met, not only can it be accepted as evidence against the narrator, but it can also be used against anyone else involved in the confession. In the later case, however, an additional precautionary condition is that the confessional statement must be supported and corroborated by other oral, documentary or circumstantial evidence. On the other hand, this statement of the absent witness cannot be the basis of punishment. In other words, if the confessional record is not given by the Magistrate, then according to the rules, there is no legal impediment for the statement of 01. Md. Mehedi Hasan and 02. Md. Shahidur Rahman @ Piru Mithun to be considered as complementary evidence in determining the admissibility of the confession or other evidence.

53. That the accused Md. Mehedi Hasan has been in custody from the date of arrest 21-03-2018 A.D. to onward and the accused made a confession before the Senior Judicial Magistrate under Section 164 of Criminal Procedure Code and after end of trial the accused was taken for examination under section 342 of the Criminal Procedure Code accordingly and on the date of examination of the accused Md. Mehedi Hasan son Faridul Islam @Latif desired to give evidence as D.W.1 and submitted a letter which he wrote as retraction petition and this letter written in jail is given in the following-

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54. The accused namely Piru Mithin also wrote a letter from the jail as retraction petition and he has been in custody from the date of arrest 20-03-2020 A.D. to onward and the accused made a confession before the Senior Judicial Magistrate under Section 164 of Criminal Procedure Code and after end of trial the accused was taken for examination under section 342 of the Criminal Procedure Code accordingly and on the date of examination of the accused Md. Piru Mithun desired to give retraction petition and a letter written in jail is given in the following-

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Zvic‡i Avgv‡K ejv nq Avwg hw` Zvi K_vgZ Revbew›` bv †`B Zvn‡j †m Avgvi eo fvB‡K A¯¿ gvgjv w`‡q Pvjvb †`‡e e‡j Avgvi fvB‡K Zvi wR¤§vq AvU‡K iv‡L Ges Avgvi eo fvB Gi Dc‡i kvixwiK wbh©vZb ïiæ K‡i|

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AZGe, Rbve Avcbvi wbKU Avgvi AvKzj  Av‡e`b GB †h, Avgv‡K w`‡q †h Revbew&›` Av`vj‡Zi Kv‡Q †ck Kiv‡bv n‡q‡Q Zvnv m¤ú~Y© Avgvi B”Qvi weiæ‡× I Avgv‡K kvixwiK wbh©vZb I µmdvqv‡ii ûgwK I Avgvi cwievi Gi m`m¨‡K wRw¤§ K‡i Z`šÍ Awdmvi Gi wjwLZ K_v Avgv‡K Av`vj‡Zi Kv‡Q ejv‡bv n‡q‡Q|

m¨vi, Avcbvi Kv‡Q GKUvB cÖv_©bx †h †`vlxi wePvi †nvK, webv Aciv‡a †hb †KD mvRv bv cvq| 

 55. I find that the accused persons namely 01. Md. Mehedi Hasan and 02. Md. Shahidur Rahman @ Piru Mithun is and was very clever and behaved like a habitual offender and a killer. That the above noted confessional statements made by the accused appeared true, voluantary, elaborate, live, corroborative with facts, circumstances and evidence on record (as discussed earlier). That accused namely 01. Md. Mehedi Hasan confessed to the Judicial Magistrate dated 21-03-2018 A.D. and submitted retraction petition of the confessional statement on 26-01-2022 A.D. and 02. Md. Shahidur Rahman @ Piru Mithun made confessional statement on 25-03-2020 A.D. submitted retraction petition of the confessional statement which the accused signed dated 26-01-2022 AD. AD at the date of examination of the accused under section 342 of Cr.P.C. and that is no legal effect of such retraction in the eye of law where confessional statement appeared true and voluntary and that maker (accused Md. Mehedi Hasan and Piru Mithun) signed in the confessional statement admitting the same true and voluntary and that the same was heard and read over after recording and where confessional statement recorded once voluntary and true and makers signed after recording statement admitting the same as true, voluntary, without fear and compulsion so, the rest retraction have also no legal leg to stand and that therefore, considering all these retraction by accused person caused baseless and unlawful and that all these retractions bear no improtance in the eye of law. It was held in the case of Lutfun Nahar VS- State cited in [27 DLR (SC), 29]. The Hon'ble Court remarked that,

“Confession if found to be true and voluntary alone is sufficient for convicting the confession accused. Retraction is immaterial if found voluntary and true”

 

56. Now let us see whether the confessional statement of the accused (Confessional Statement) is how much voluntary and true. Besides, Ld. Magistrate Md. Enamul Haque (P.W.4) and Md. Mizanur Rahman (P.W.19) has recorded all kinds of formalities and according to the rules; the accused Md. Mehedi Hasan son Faridul Islam Latif has recorded the confessional statements of two accused under section 164 of the Cr.P.C. That the Ld. Advocate argued during the hearing that the accused had been tortured by the police and had given a confessional statement for this reason, the confessional statement of the accused is not voluntary and true and not properly recorded and cited a case of State vs Babul Miah reported in 63 DLR (AD) 10-11. so lets scrutinize the confessional statement whether it was recorded properly or not? It is the definite case of the prosecution that victim Imran was killed by accused persons namely 01. Mehedi Hasan 02. Md. Shahidur Rahman @ Piru Mithun, 03. Md. Mehedi Hasan Joj 04. Nahid Hasan, 05. Anik Hasan & 06. Md. Wadud Islam @ Razu while they all went in the P.O. in furtherance of common intention. Now it is necessary to scrutinize the confessional Statement Form (M-84). The review of the confessional statement of the accused shows that the accused person made in his confessional statement and said that they killed the victim Imran by cutting throat to the victim. Accused Md. Shahidur Rahman @ Piru Mithun has given a statement involving himself-

RR, AwbK, †g‡n`x Bgivb‡K gvi‡Q ZLb Avgvi mv‡_ _vKv bvwn`I I‡`i mv‡_ hy³ n‡q Bgivb‡K gvi‡Z _v‡K| GiB g‡a¨ RR wKQz GKUv w`‡q Bgiv‡bi gv_vq AvNvZ K‡i Avwg †VKv‡bvi †Póv Kwi ZLb RR Avgv‡KI GKUv AvNvZ K‡i| Gici †g‡n`x nvmvb RR Zvi c‡KU n‡Z PvKz †ei K‡i Bgiv‡bi Mjvq †cvR †`q ZLb Avwg RR‡K ewj ZzB GUv wK Kiwj| ZLb †m Avgv‡K e‡j GKUv K_v ej‡j †Zv‡K gvi‡ev| Bgiv‡bi Mjvq †cvR †`evi ci †m gvwU‡Z c‡o hvq| ZLb RR Avgv‡K G wel‡q KvD‡K Rvbv‡j Avgvi bvg Av‡M w`‡e e‡j ûgwK †`q| Zvici RR Zvi c‡KU n‡Z GKwU wc¯‘j †ei K‡i Avgv‡K ûgwK †`q| R‡Ri K_v I wc¯‘j †`‡L Avwg fq †c‡q hvB|

The Ld. Judicial Magistrate Md. Enamul Haque (P.W.4) and Md. Mizaur Rahman (P.W.19) appears to have recorded the guilty confessional statement of the accused in compliance with all the provisions of sections 364 and 164 of the Criminal Procedure Code. It is mentioned in the original form of Confessional Statement of Piru Mithun (Exbt. No.4 & 9) it clearly shows that- the Magistrate asked the six questions as mentioned in the Column No.5 to Column No.6-

(1) Avwg cywjk bvB, g¨vwR‡÷ªU; ey‡S‡Qb?- wR|

(2) Avcwb †`vl ¯^xKv‡ivw³ Ki‡Z eva¨ bb; Rv‡bb?- wR,|

3) Avcwb ¯^xKv‡ivw³ Ki‡j Zv Avcbvi weiæ‡× mvÿ¨ wnmv‡e e¨eüZ n‡Z cv‡i; ey‡S‡Qb?- wR, ey‡SwQ|

 (4) ¯^wKv‡ivw³ Kivi Rb¨ Avcbv‡K †KD gviai ev fqfxwZ ev cÖ‡jvfb ‡`wL‡q‡Q wK? eySwQ|

 (5) ¯^xKv‡ivw³ K‡ib ev bv K‡ib Avcbv‡K Avi cywj‡ki †ndvR‡Z †`Iqv n‡e bv ey‡S‡Qb? – wR eySwQ|

(6) Avcwb mZ¨ ej‡eb †Zv? wR|

57. The review of the original Form No. M-84 of the said confessional statement of record does not show any deviation from the existing law regarding the record of confessional statement. Moreover, there was no suggestion from the defendant that there was any legal problem with the record of the statement or that it was not in accordance with the rules. In the overall review, i.e. the testimony and interrogation of Md. Enamul Haque and Md. Mizanur Rahman (P.W.4 & P.W.19) and the confessional statement of the accused 01. Md. Mehedi Hasan 02. Md. Shahidur Rahman @ Piru Mithun attached to the record, it is seen that the confessional statement is true and voluntarily motivated. In this context [45 DLR (HCD) page: 260, 38 DLR, 374. 12 DLR (SC) 156] A similar decision of the High Court is seen in the case of Jaygun Bibi. It is by now well settled that an accused can be found guilty and convicted solely banking upon his confessional statement, if on scrutiny, it is found to be true, voluntary and inculpatory in nature and properly recorded by the Ld. Magistrate. In this connection, we may profitably refer to the case of Md. Islam Uddin @ Din Islam Vs. The Sate reported in 27 BLD (AD) 37 wherein our Appellate Division has observed as under:

“7. It is now the settled principle of Law that judicial confession if it is found to be true and voluntary can form the sole basis of conviction as against the maker of the same. The HighCourt Division as noticed earlier found the judicial confession of the condemned prisoner true and voluntary and considering the same, the extra judicial confession and circumstances of the case found the condemned prisoner guilty and accordingly imposed thesentence of death upon him.”

The well-established principle of the law is that the confessional statement is given to the Judicial Magistrate in the circumstances in which the confessional statement has been given before the Magistrate for verification of the confessional statement and the person has to submit the statement to the Magistrate along with the other evidences in the document. This support does not always have to be particularly material. Support by general evidences or medical evidence will be considered sufficient. [Abdur Rahman Syed v. State, Hon'ble High Court Division in the case [44 DLR (1992) 558]. Victim Imran was killed by the accused persons namely 01. Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun 3. Mehedy Hasan Joj 04. Nahid Hasan, 05. Anik Hasan & 06. Md. Wadud @ Razu on the date and time of the incident by cut the victim’s throat and beheaded with sharp knief. The statement of these P.W.1, P.W.2, P.W.3, P.W.8, P.W.13 and other witnesses coincide with the confessional statements of the accused 01. Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun about the death of victim Imran in the place of occurrence. Regarding the confessional statement of 01. Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun, it has already been decided that the confessional statements are true and voluntarily in nature. Moreover, in the case of State v. Md. Shukur Ali, [68 DLR (2016) (HCD) 155] the High Court has decided that,

Whenever it is seen that the confessional statement has been recorded in compliance with all the legal binding rules and the confession has been voluntarily and the magistrate has been satisfied to the extent that it is free from all kinds of defects, then the confessional statement can be the only basis for convicting the accused.

58. That the accused persons namely 01. Md. Mehedi Hasan & 02. Md. Shahidur Rahman @ Piru Mithun’s confessions and the application of Section 30 of the Evidence Act, 1872 are to be considered. According to the confessions of the accused, it appears that the day before the incident the accused met with each other and pre-planned to snatch the motobike of the victim Imran. And the accused Mehedi Hasan & Piru Mithun as main culprit/mastermind executed the plan and killed the victim on 16-03-2018 A.D. to 18-03-2018 A.D. at 9.30 PM and within any time that dates.

59. From the above mentioned confessional statement of the earlier mentioned accused 01. Md. Mehedi Hasan & 02. Md. Shahidur Rahman @ Piru Mithun recorded by P.W. 4 & P.W.19 by Ld. First Class Senior Judicial Magistrate, Kushtia (prescribed form of confessional statement Exbt. No.4 & 9) and the above confessional statement are very much pertinent to this case and involvement of the accused named in charge sheet. It is settled principle of Law on analyzing the evidence i.e. the confessional statement clearly proves that the accused persons namely 01. Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun 3. Mehedy Hasan Joj 04. Nahid Hasan, 05. Anik Hasan & 06. Md. Wadud @ Razu altogether co-operate in the committing offence of murder to the victims and these statement is corroborated by the evidence of P.W.1-3, P.W.5-8, P.W.10-11 P.W.13 and by the several circumstances as depicted in the planning and development of finality of commiting murder to the victim Imran on 16-03-2018 A.D. at about 7.00 PM at night to 18-03-2018 A.D. in the P.O. All the accused in committing the offence and their execution of murder had been done in furtherance of common intention. That the persons namely 01. Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun the main accused in the case, in turn, refers to the identity and cooperation of the main accused, which clearly took him to the same level as the other accomplices. Following the interpretation of this definition given in the Biplabi Barindrakumar Ghosh case (AIR 1925 PC.1), State v. Ershad Sikder, 56 DLR (2004) Page-310, the Hon'ble High Court Division has shed light on the same principle of reality analysis which may be applicable in the present case.

“The words of section 34 are not be eviscerated by reading them in this eceddingly limited sense. By section 33 states criminal act in section 34 includes a series of acts and further acts includes omission to act for example, an omission of act to interfere in order to prevent a murder being done before one very eyes. By section 37 when any offence is committed by means of several acts whoever intentionally cooperates in the commission of that offence by doing any act one those acts either by singly or jointly with any other person, commits the offence. Even if the appellant did nothing as he stood outside the door, it is to be remebered that in crimes as in other things they also serve who only stand and wait. (Para;21)”

 

60. So let's postpone the discussion on whether the confession of 01. Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun was voluntary and let us first determines its veracity in the light of the course of events to be considered. According to the statements of Mehedi Hasan and Piru Mithun, the occurrence took place on 16-03-2018 A.D. at about 7.00 PM at night to 18-03-2018 A.D. in the P.O. after arrest the accused produced to the Ld. Magistrate for recording confessional statement within the legal framework and presecribed within 24 hours. Both the accused made similar statements in their confessional statements about the time, date & place of the incident which coincides with the statements of witnesses Nos.1-3, 5-8, 10-11 and 13 and the statements of witnesses Nos. 4, 9, 14, 15-18, 20-22, others. Then the acknowledged statements of other witnesses about the P.O. and possible time of the incident are in fact very consistent and credible with the confessional statements of accused Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun. In other words, the confessions of accused Md. Shahidur Rahman @ Piru Mithun (Exhibit Nos. 4) and Md. Mehedi Hasan (Exhibit No. 9) were both qualitatively consistent and true. If the accused Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun were not present there, such a consistent statement should not have been made. Then lets see how the confessional statements were corroborated with the medical evidence i.e. the inquest report & post-mortem report?

61. Let us see & scrutinize the evidence of Dr. Taposh Kumer Sarker, Residential Medical Officer of Kushtia, 250 beds General Hospital and now working in Kushtia Medical College, (P.W.9) who completed the Post-Mortem and prepared an inquest of victim Imran (22) where the Doctor gave (Exbt. No.5) his final opinion after getting viscera report,

Cause of death is due to haemorrhage and shock as a result of above mentioned injury which is ante-mortem and homicidal in nature.”.

This Post mortem report of dead body (gv_v wew”Qbœ) was done on dated 18-03-2018 A.D. as dead body of victim Imran and that dead body was taken to Kushtia 250 Bed General Hospital by Constable No.94 Asraful and the on duty Doctor (P.W.9) Dr. Taposh Kumer Sarker has been deposed by the Prosecution side who clearly reported about the dead body ((gv_v wew”Qbœ)) in question. It is apparent that the accused side did not raise any question about the opinion of the Doctor in inquest Report. It was also found in the inquest report that the nature of Injuries are;

1.     Cut throat wound in middle of neck with complete scperation of head from body measuring about 10 inch x 10 inch with injury of vessels, nerves, bones and about 48 hours old.

2. A bruise in left leg measuring about 1 inch x 1 inch.

On dissection: The vertebral column and spinal cord and injured. The great vesselse of neck are injured.

Opinion: Cause of death is due to haemorrhage and shock as a result of above mentioned injury which is ante-mortem and homicidal in nature.

The Same Doctor Dr. Taposh Kumer Sarker deposed as P.W.9 and he further completed another post mortem report of victim Imran Sheikh (22) only ‘gv_v wew”Qbœ’ on 26-03-2018 A.D. as identifed the Constable No. 471/Nirmal where the doctor found one sign of injury which as follows;

1.     Cut throat wound involving whole neck with detachment from body measurng about 15 cm x 15 cm and about 72 hours old.

On dissection: Antemortem blood clot, tissue laceration with congestion is present associated with above said viscera. The great vessels of neck and spinal cord are injured. The brain matter is partially decomposed.

Opinion:

The death is due to haemorrhage and shock as a result of above mentioned injuries which are ante-mortem and homicidal in nature.”

62. It is on record that S.I. Md. Ferdous Alam (P.W.20) held inquest of the dead body of the victim. For better view of the matter, we took judicial notice of the inquest report since no objection, whatsoever, has been raised by the defence about the authenticity of the same. The relevant portion of the Inquest reprot (Exbt No.2) of the deceased Imran Sheikh reads as under;

18/3/2018 Zvwi‡Li myiZnvj- jvk c~e© wkqix g¯ÍK wenxb wPr Ae¯’vq Lvwj Mvu , j¾v ¯’v‡bi Dci GKUv Kv‡jv †Zvqv‡j †gvt Rwni, wcZv- g„Z ....Avjx, mvs- g‡qicyi Gi fzÆv †ÿ‡Z cvBjvg| evg Kv‡ai Dci †Kv‡ci `vM Av‡Q| `yB nvZ cvkvcvwk| gjØv‡i gj Ges cyiælv‡½ exh© †`L‡Z cvIqv hvq| GQvov jvkwU IjU cvjU Kwiqv †Kv_vI †Kvb wKQz cvIqv hvq bvB| jv‡kj myiZnvj wi‡cvU© †k‡l wbKU AvZ¥xq‡`i wRÁvmvev‡` Rvbvq †h MZ ïµevi g„Z `vIqvZ LvIqvi D‡Ï‡k¨ †ei nq ci Avi †Kvb †LvR cvIqv hvq bvB| A`¨B mKvj †ejv fzÆv †ÿ‡Z g„Zvi jvk †`L‡Z cvIqv hvq| †K ev Kvnviv Zv‡K RevB K‡i nZ¨v K‡i jvk †d‡j †i‡L hvq| D³ jv‡ki g„Zz¨i wel‡q mwVK KviY wbY©‡qi Rb¨ DaŸ©Zb KZ…©c‡ÿi mwnZ Av‡jvPbv Kwiqv Kb‡÷ej 276 †gvt Avkivdz‡ji gva¨‡g ...........bs 01/18, Zvs 18/3/2018 wLªt gy‡j g„‡Zi †`‡ni gqbvZ`‡šÍi Rb¨ A‡Uv f¨vb Mvox †hv‡M Kzwóqv m`i nvmcvZv‡j (AvevwmK) †gwW‡Kj Awdmvi Kzwóqv eivei jv‡ki Pvjvb I cÖ‡qvRbxq KvMRcÎ †cÖiY Kijvg|

20/3/2018 Zvwi‡Li wRwW g~‡j 25/03/2018 wLªt Zvwi‡L cvIqv ï †`n wenxb Õgv_vÕ Gi myiZnvj wi‡cvU©-

†ÿ‡Zi g‡a¨ cvIqv gv_vi Lywj‡Z †Kvb AvNv‡Zi wPý bvB& †es gv_vi Lywj‡Z †Kvb Pzj Ges Pvgovi Aw¯ÍZ¡ cvIqv †Mj| Lywji mv‡_ gy‡Li Dc‡ii cvwUi `uvZ †`Lv hvq| gv_vi Lywji mv‡_ Mjvi †Kvb Ask mshy³ bvB| Mjvi gvsm Ges gv_vi Pvgov c‡P gvwUi mv‡_ wg‡k †M‡Q e‡j g‡b nq| wb‡Pi cvwUi `vZ, Mjvi nvo, gv_vi wKQz Pzj wew”Qbœ Ae¯’vq gv_vi Lywji cv‡k cvIqv hvq| gvgjvi NUbvi cÖv_wgK Z`‡šÍ Rvbv hvq 16/3/2018 Zvwi‡L wfKwUg Bgivb wb‡LvR nq Ges cieZ©x‡Z 18/3/2018 Zvwi‡L wb‡LvR Bgiv‡bi Mjv KvUv gv_vwenxb jvk m`icyi MÖvg¯’ fzÆvi †ÿ‡Zi g‡a¨ cvIqv hvq| wKš‘ A‡bK †LvRvLywRi c‡iI g„Z Bgiv‡bi gv_v cvIqv hvq bv| cieZ©x‡Z A`¨ 25/3/2018 ZvwiL GB gv_vi Lywj D×vi n‡j g„Z Bgiv‡b PvPv Ges AvZ¥xq ¯^Rb gv_vi Lywj Ges `vZ †`‡L gv_vi LywjwU g„Z Bgiv‡bi e‡j mbv³ K‡i| Z_vwc gvgjvi mwVK Z`‡šÍi ¯^v‡_© Ges jv‡ki Ges gv_vi Lywji cwiPq mwVKfv‡e mbv³ Kivi Rb¨ I jv‡ki wWGbG cixÿvi AvjvgZ msMÖ‡ni Rb¨ Lywj, `vZ, Mjvi nvo, 250 kh¨v wewkó †Rbv‡ij nvmcvZvj Kzwóqv g‡M© †cÖiY Kiv n‡jv| D‡jøL¨ †h, jv‡ki wWGbG cixÿvi Rb¨ we‡klfv‡e Aby‡iva Kiv n‡jv|

63. There was a final opinion about the death of the victim P.W.9 Dr. Taposh Kumer Sarker Death in my opinion was due to septicaemic shock resulting from burn wound which was ante-mortem.” He (P.W.9) identified the autopsy report and his signature which have been marked as Exbt. Nos.7, 8 and his signature marked as Exbt. Nos. 7/1 & 8/1.” As a result it would very plausible that the victim has been killed on 16-03-18 to 18-03-2018 A.D at 7.00 PM to 9.30 PM bu cutting his thraot and beheaded by the accused which was also corroborated by the evidence of confessional statement of Accused 1.Md. Mehedi Hasan and 02. Md. Shahidur Rahman @ Piru Mithun and other two important winesses P.W.2, P.W.3, P.W.5, P.W.6, P.W.7-8 & P.W.10-11 & P.W.4 & 19 ( Two confessinoal statements as Exbt. No. 4 & 9) and with the statement of Surothal Report/ Inquest report (Exbt. No. 2 & 3).

 

Who is the mastermind and stricker (active participant) accused?

64. Then the question is-how the miscreants killed the victim Imran?. According to the statements of accused 01. Mehedi Hasan son of Faridul Islam, 02. Md. Shahidur Rahman @ Piru Mithun, they called on over mobile phone while the victim were taking lunch at Raidanga village at noon and Piru Mithun phoned the victim and P.W.13 Shisir recieved that phone call as the avictim went out with a motorbike and reached the P.O. by motorbike from the at around 2 pm on the day of the incident on 16-03-2018 AD,. Both the accused Md. Mehedi Hasan (Confessional statement prescribe form as Exbt. No.9)  and Md. Shahidur Rahman @ Piru Mithun (Exbt. No.9) confessed to the details of who slaughtered Imran with a knife and who holding the victim by the arms, legs and mouth. If we see the major part of confessional statement (Exbt. No.4) of Piru Mithun where he stated, “RR Bgiv‡bi Mjv †`n †_‡K Avjv`v Kivi Rb¨ PvKz w`‡q KvU‡Z _v‡K wKš‘ e¨_© nq| Gici AwbK R‡Ri KvQ †_‡K PvKz wb‡q gv_v wew”Qbœ Kivi cÖ¯‘Z †bq| AwbK wKQzUv KvUvi ci Awb‡Ki KvQ †_‡K PvKz wb‡q †g‡n`x gv_v wew”Qbœ K‡i| The same statement was given about the participation of the accused role in commititng murder of victim Imran at the PO. The accused Md. Mehedi Hasan also stated in his confessional statement in this way; “wciæ wgVzb Avevi H evk w`‡q Bgiv‡bi gv_v AvNvZ Ki‡j Bgivb †m݇jm n‡q imy‡bi †ÿ‡Zi g‡a¨ c‡o hvq| †h evkUv w`‡q Bgivb‡K AvNvZ Kiv nq wciæ wgVzb H euvkUv Bgiv‡bi Nv‡oi wb‡P w`‡q Bgiv‡bi MjvUv DPz K‡i| wciæ wgVz‡bi 2 mn‡hvwMi GKRb Bgiv‡bi 2 Uv cv a‡i| Av‡iKRb Bgiv‡bi 2 Uv nvZ GKmv‡_ K‡i ey‡Ki Dci †P‡c a‡i| wciæ wgVzb ZLb H ÿzi w`‡q Bgiv‡bi Mjv †K‡U kixi †_‡K gv_v Avjv`v K‡i †d‡j|” Both the accused Md. Mehedi Hasan and Md. Shahidur Rahman @ Piru Mithun in thier confessional statement stated the vice-versa regarding the point who actually slaughtered and cut throat to the victim as Mehedi Hasan said that “wciæ wgVzb ZLb H ÿzi w`‡q Bgiv‡bi Mjv †K‡U kixi †_‡K gv_v Avjv`v K‡i †d‡j|” as well as Piru Mithun stated “RR Bgiv‡bi Mjv †`n †_‡K Avjv`v Kivi Rb¨ PvKz w`‡q KvU‡Z _v‡K wKš‘ e¨_© nq| Gici AwbK R‡Ri KvQ †_‡K PvKz wb‡q gv_v wew”Qbœ Kivi cÖ¯‘Z †bq| AwbK wKQzUv KvUvi ci Awb‡Ki KvQ †_‡K PvKz wb‡q †g‡n`x gv_v wew”Qbœ K‡i|” That the informant also stated the same in the Ezahar (Exbt. No.1), the investigation officer (P.W.20 (Surothal prpeared Sub-Inspector S.I. Ferdous Alam, P.W.21 & 22) described the same in the body of the Charge sheet. The accused Md. Shafi Khan said in his confessional statement that “bvwn‡`i K_vgZ Avwg I bvwn` Zv‡`i Kv‡Q †h‡Z †h‡ZB GKUz `~i †_‡K M¨vÄv‡gi kã ïwb Ges Kv‡Q †h‡q †`wL RR, AwbK, †g‡n`x Bgivb‡K gvi‡Q ZLb Avgvi mv‡_ _vKv bvwn`I I‡`i mv‡_ hy³ n‡q Bgivb‡K gvi‡Z _v‡K|” accused Mehedi Hasan also sated the same in his confessions “Avwg Bgiv‡bi 2Uv cv awi I wciæ wgVz‡bi 1Rb mn‡hvwM Bgiv‡bi jv‡k `yB eM‡ji wb‡P a‡i|” The above statement in their confessions was not denied in cross-examination by the accused side defence case. It is well asserted & proved in the Ezahar version, Charge sheet, confessional statement, witnesses statement under section 161 of Cr.P.C. on the alleged date, time & place of occurrence the accused persons brutally killed the victim Imran in furtherance of common intention for stealing the Motorbike of the victim Imram.

65. Later on, the best witness to what happened then was Imran (victim) himself, who was not allowed to live. As a result, we have to rely on the confessional statements of Md. Mehedi Hasan and Md. Shahidur Rahman @ Piru Mithun (Exbt. Nos. 4 & 9) in this regard and it is legal. There is no denying and it is also proved that Imran was killed by more than one person, which is mentioned in the autopsy (Exhibit No. 2 & 3). Then, apart from the 02 accused named in the statement of Ezahar (Exbt. No.1), most of them have also participated in that work. This fact has been proved by the confessional statement and other corroborating evidences. In this connection it is pertinent to mention a case of Shahid Ullah @ Shahid and Others Vs The State cited in 6 XP (AD)  77 where it was held as under;

“The accuseds with cool brain to hijack the transport and preplan they hired the same and killed passengers along with driver and after proving the same by evidence this type of murder should not get any mercy from the Court of law.” “It is necessary to find out the confessinal statement which recorded voluntary or not when other witness supported the allegation of offence have been proved beyond all reasonable doubt.”

67. That the allegation was brought against the accused person namely (1) Mehedi Hasan, 02. Piru Mithun, 03. Mehedi Hasan Joj, 04. Nahid Hasan, 05. Anik Hasan & 06. Md. Wadud Islam @ Razu that on 16-03-2018 A.D. at 19.00 hours to 18-03-2018 A.D. at 9.30 clock the victim Imran was killed by the accused persons in furtherance of common intention for stealing the motorbike. At that time, the accused person Md. Mehedi Hasan and Piru Mithun called on mobile phone and took the victim to the P.O. and killed the victim. The accused Mehedi Hasan and Piru Mithun confessed the facts how they slaughter the victim Imran and cut his throat on the PO by knief and killed the victim which was for better understanding need to explain the Inquest report (Exbt. No.3) and Post Mortem report (Exbt. No.7).

68. Having gone through the entire gamut of evidences, I am of the view regarding the accused persons namely 1. Md. Mehedi Hasan son of LAtif (under section-164), 2. Shahidur Rahman @ Piru Mithun (under section-164) and through their confession came all accused persons name and their participation and how they participated in the offence of murder to the victim and if we see the confessional statements of Mehedi (Exbt. 9) that “GK ch©v‡q wciæ wgVzb cv‡k _vKv wZb wd‡Ui gZ j¤^v GKLvbv evk G‡b Bgiv‡bi gv_vi Dci †Rv‡i AvNvZ Kij| Avwg wciæ wgVzb‡K ejjvg GUv wK n‡”Q| GUv‡Zv nevi K_v wQj bv| wciæ wgVz‡bi mn‡hvwM GKUv Lyi †ei K‡i Avgv‡K e‡j †h Avi GKUv K_v ej‡j MjvUv bvgv‡q w`‡ev| 1g AvNvZ Lvevi ci civB Bgivb nvUz †M‡o imy‡bi †ÿ‡Z e‡m c‡o| wciæ wgVzb Avevi H evk w`‡q Bgiv‡bi gv_v AvNvZ Ki‡j Bgivb †m݇jm n‡q imy‡bi †ÿ‡Zi g‡a¨ c‡o hvq| †h evkUv w`‡q Bgivb‡K AvNvZ Kiv nq wciæ wgVzb H euvkUv Bgiv‡bi Nv‡oi wb‡P w`‡q Bgiv‡bi MjvUv DPz K‡i| wciæ wgVz‡bi 2 mn‡hvwMi GKRb Bgiv‡bi 2 Uv cv a‡i| Av‡iKRb Bgiv‡bi 2 Uv nvZ GKmv‡_ K‡i ey‡Ki Dci †P‡c a‡i| wciæ wgVzb ZLb H ÿzi w`‡q Bgiv‡bi Mjv †K‡U kixi †_‡K gv_v Avjv`v K‡i †d‡j|” from the confessional statement of Mehedi Hasan, he (Piru Mithun and his two alliance) was in action at the time of execution of murder on the alleged offence. P.W.2, P.W.3, P.W.5, P.W.6, P.W.7, P.W.8, P.W.10, and P.W.11 & P.W.13 also stated the name of the accused of 01. Mehedi Hasan Joj, 02. Wadud @ Razu, 03. Nahid Hasan & 04. Anik Hasan in the same tune about the involvement of the accused in offence in question. Moreover, all the witnesses have said under section 161 of Cr.P.C the similar about the accused person’s nmaely Mehedi Hasan Joj, Wadud Razu Nahid Hasan & Anik Hasan. Apart from this accused Mehedi Hasan Joj, Nahid Hasan, and Anik Hasan involvement in the offence is found in the confession of Shahidur Rahman @ Piru Mithun also.

About the confessional statement of co-accused it was held in the Higher Court decision in India in the case of Bhuboni Sahu Vs- The King cited in AIR 1949 (PC) 257 (259), 67 DLR (AD) Pages-8 it was deicded that

“But a confession of a co-accused is obviously evidence of a very weak type. It does not come indeed within the definition of “evidence’ contained in section 3 of the evidence Act. It is not required to be given on oath nor in the presence of the accused and it can not be tasted by cross-examination.”

Any confession given under section 164 of the Code of Criminal Procedure cannot be used against the accused who are being tried with the accused. Section 30 of the Evidence Act states that such confessions can be considered, but many High Court decisions have stated that co-accused cannot be punished on the basis of such confessions if there is no separate credible evidence against them. The same contention is found in the case cited in 44 DLR (AD) 175, 13 BLC (AD) 17, 55 DLR (HCD) 382.

69. That Mehedi Hasan and Piru Mithun's confessions and the application of Section 30 of the Evidence Act 1872 are to be considered. According to the confessions of both the accused, the accused Mehedi Hasan Joj, Nahid, Anik & Wadud @ Razu actively particiaped in the offence of kidnapped, murder, concealing evidence and stealing the motorbike on at any time between 19.00 hrs on 16/03/2018 A.D. to 9.30 hrs on 18/3/2018 A.D. and killed victim in furtherance of common intention. The accused Mehedi Hasan son of Fardul Islam Latif and accused Shahidur Rahman @ Piru Mithun played a key role in the whole process. There is a similar statement in the statement of P.W.1, P.W.2, P.W.3, P.W.5-8, P.W. 10-11 & P.W.13. The other accused Mehedi Hasan Joj, Nahid Hasan, Anik Hasan, and Md. Wadud Islam @ Raju were all present at the time of the incident which came up in the confession of accused Mehedi Hasan son of Rafidul Islam Latif and Piru Mithun. So the accused Mehedi Hasan son and Piru Mithun should know who was present or not present at the scene at the time of the incident and at least deny it through cross-examination. The Hon'ble Court has also taken a similar decision in the case of rape and murder of a deaf and dumb Champa cited in BCR 2004, HCD page:393. Where the victim's mother conceals the truth but is able to confess to one of the accused. The statement of the absent witness has been taken as evidence.

70. The discussion so far has shown that the confession of Mehedi Hasan son and Piru Mithun was qualitatively true when the facts and allegations considered, the evidence obtained, the real surroundings, the commentary of Mehedi Hasan son and Piru Mithun, the conduct of the accused, the undisputed issues were analyzed as a whole. However, the confessional statements of Mehedi Hasan and Piru Mithun were later withdrawn. It is also seen that in the confession of Mehedi Hasan and Piru Mithun, besides them, 04 more people have been implicated, that part and truth which the accused did not deny. It was held in the case State vs Mir Hossain reported in 10 MLR 2005 (HCD) Page: 96 Accused Mir Hossain confessed in that case and the main accused was Ferrari. However, while upholding the sentence of the fugitive accused, while discussing section 30 of the Evidence Act, the Hon'ble Court remarked that,

“Under section 30 of the Evidence Act confession of a co-accused can be taken into consideration on the strenght of that confession another co-accused can be convinced provided tha said confession is corroborated by evidence direct or direct or circumstantial.”

The same principle was followed in the case of Nuruddin Vs State, BCR 2005(HCD) page:98.

Now, only in the context of the confession of the accused Mehedi Hasan and Piru Mithun Conviction can be made if the confession is proved directly or by any other circumstantial evidences. In this context, it can be seen that the State vs. Mir Hossain alias Meera and others [56 DLR (AD) (2004), 124] in the case, the Supreme Court has observed that-

"The confession of the co-accused may be taken into consideration and the other co-accused may be convicted on the basis of that confession if the stated confession is proved by direct or any other circumstantial evidence. If the court believes that it is true and voluntary, then it cannot be said to be illegal even if it is not supported. ”

It is seen that the confession of the accused Mehedi Hasan and Piru Mithun (Exbt. No. 4 & 9), the victim Imran (P/W-3) who was in the house of Raydanga village with Shishir (P.W.13) as guest and after lunch the victim went away after mobile call with motorbike. Its testimony and interrogation, circumstantial evidences in the whole incident, including the conduct of the accused, has proveed the involvement of the present other accused Mehedi Hasan Joj, Anik, Nahid and Wadud Islam @ Razu in this incident. It is seen that P.W.22 S.I. Miton Debnath the Investigation officer stated the accused Wadud Islam Razu was arrested from Alauddin Nagar dated 22-03-2018 A.D. he (P.W.22) stated in cross-examination that

Iqv`y`‡K †mv‡m©i †`qv Z_¨ I †gvevBj Kj wj‡ói wfwˇZ †MÖdZvi Kwi| Iqv`y` ivRyi ‡bUIqvK© AvjvDwÏb bM‡i wQ‡jv| Iqv`y‡`i †gvevBj b¤^i 01954-590772 †_‡K wciæ wgVz‡bi mv‡_ K_v nq 173/2018 1.25 †_‡K K_v ïiæ nq| evi evi †dvb Avmv hvIqv nq| `yB w`K †_‡KB Kj Avmv hvIqv n‡q‡Q| mswÿß K_v nq|

Apart from this the accused Razu who showed the only skull (body less head) of the victim and reocvered it on 25-03-2018 and accordingly police prepared Inquest report for this reason the accused Md. Wadud Islam Razu is also guilty as co-accused and that Wadud Islam Razu knew all the facts of the incident and be awarded punishment. In this connection I can refer a case Khorshed Vs The State reported in 73 DLR (AD) 83 where Honorable Supreme Court observed as under-

“Recovery of severed head of the deceased on the pointing out of the appellant khorshed and convict Tipu and Shahid is a relevant fact and is admissible under section 27 of the Act this piece of evidence also supports the confessinoal statements of the appellant Khoeshed and convit Tipu and Shahid.”

71. Chronologically from the foregoing discussions, the incriminating circumstances appearing against the accused may be summarized as under:

(1)  That the informant eldest son Imran Sheikh had eaten at Mizan's house in Raydanga village on 18/3/2018 A.D. at around 3.10 pm after eating at 01756055033 From the number, his son's phone number is 01710343967.

(2)  That in fact, he kept his own mobile phone from that place with the informant's younger brother's son Md. Shishir. That Imran left for Manoharpur village with his own used red and black 150cc Pulsar motorcycle (engine No. DHYWHH18539, chassis No. MD2-A11-CY7-HWH-86751). Shishir, the son of his younger brother, received the call again on his son's mobile from 01722-599121 and said, "My brother left the mobile with me and left."

(3)  That As the son of the informant did not return home even after evening, he called the number and asked about his son. After much searching, she could not find her son and continued searching. Later on 18/3/2018 A.D. at around 9.30 am, Md. Sayem from Manoharpur village called him and informed him that Mehedi had informed Sayem that there was a decapitated headless corpse lying in Sadarpur maize field.

(4)  That the accused Mehedi identified the decapitated body as that of Imran. The informant quickly went to the spot and saw a headless decapitated body lying naked in the corn field of Mohammad Zaheer of Sadarpur village. He identified the body as that of his son. Witnesses Badal, Md. Nur Alam, Md. Naib Ali and many others were present at his shout.

(5)  That the informant thought according to the statement of the petitioner, at any time between 19.00 hrs on 16/03/2018 A.D. to 9.30 hrs on 18/3/2018 A.D., the accused 1. Mehedi Hasan, 2. Md. Piru Mithun and other unidentified persons abducted his son in a pre-planned manner and at that place they took him, cut his throat and killed him and stole her son's used motorcycle.

(6)  That the informant Badsha sheikh as his son the victim was missing he lodged Ezahar in the local police stattion.

(7)  That during investigation the accused Md. Mehedi Hasan and the accused Piru Mithun made a confessional statement about the murder to the victim and offence in question and other 04 accused were identified during investigation through mobile call list and CDR and those accused persons are namely Md. Nahid hasan, Mehedi Hasan Joj, Anik Hasan and Md. Wadud Islam @ Razu.

72. In addition, after the murder, the headless dead body was found in the Zahir’s Maize filed on 18-03-18 AD “GKwU gv_v wenxb MjvKvUv jvk m`icyi MÖvg¯’ †gvt Rwn‡ii fzÆv †ÿ‡Zi g‡a¨ Dj½ Ae¯’vq c‡o Av‡Q and only head/skull/ wew”Qbœ gv_vÓ was found as per the accused Razu Shown in the Fanik’s Ulu forest/filed on 25-03-2018 A.D. and that headless dead body and only skull/head after murder the accused person all-together tried to hiding the evidence which is punishable under Section 201 of the Penal Code and read with section 34 of the Penal Code. However, the application of Section 201 of the Penal Code and the connection of accused Mehedi Hasan, Piru Mithun, Mehedi Hasan Joj, Nahid, Anik Hasan & Wadud Islam @ Razu need to be discussed separately. The accused perosns killed victim Imran along with the 06 (six) people i.e. Mehedi Hasan, Piru Mithun, Mehedi Hasan Joj, Nahid, Anik Hasan & Wadud Islam @ Razu. They were no other than these six. After the death was confirmed, they carried the body and head on their shoulders to maize field and Fanik’s Ulu foresrt for disappearance. They threw the victim's body on the ground. They come back home. Apart from the confessions of the accused Mehedi and Md. Shahidur Rahman & Piru Mithun, it is clear from the cross-examination and testimony of the witnesses that the incidents of the accused after the incident were alleged by Section 201 of the Penal Code. In this connection I can refer a case of State v. Zillul Bari Khandaker reported in [10 MLR (AD) Page-175] where Supreme Court of Bangladesh observed as under;

“That the housewife of a rich family was brutally killed in her bedroom at night. In the morning, some of his close relatives took him to the hospital without informing the police and knowing his death. In that case, it was argued, it was natural for him to be taken to hospital without informing the police. But The Honorable Appellate Division did not accept this explanation and considered taking the body to the hospital without informing the police as concealment of evidence and gave the maximum imprisonment as per Section 201 of the Penal Code.”

That is why it is safe to be decided that the 06 (Six) accused namely Mehedi Hasan, Piru Mithun, Mehedi Hasan Joj, Nahid, Anik Hasan & Wadud Islam @ Razu killed victim Imran in furthernace of common intention on the date, time and place of the incident and removed his body and buried it elsewhere and punishable separately under Section 201 of the Penal Code.

73. I have discussed and seen already that in this case accused numbers are 06 persons and from these numbers 02 (two) persons have confessional statement and 02 (two) accused mentioned the name of Mehedi Hasan Joj, Anik Hasan, Nahid Hasan @ Md. Wadud Islam @ Raju in thier confessional statement (Exbt. Nos. 4 & 9) and the accused persons namely 01. Mehedi Hasan Joj, 02. Anik Hasan, 02. Nahid Hasan 05. Md. Wadud Islam @ Raju,  from confession appears to be an active participant in the offence of murder to the victim on the allged date, time of offence in question. It may be mentioned that the prosecution has also able to prove the charge against accused 01.Md. Mehedi Hasan, 02. Piru Mithun, 03. Mehedi Hasan Joj 04. Anik Hasan, 05 Nahid Hasan and 06. Md. Wadud Islam @ Raju and they are also liable to be punished in the charge brought against them. In view of my discussion made above considering facts, evidence and cited case laws, I am of the view that the prosecution has successfully proved the charge of murder against 01.Md. Mehedi Hasan, 02. Piru Mithun, 03. Mehedi Hasan Joj 04. Anik Hasan, 05 Nahid Hasan and 06. Md. Wadud Islam @ Raju beyond any resonable doubt and they are guilty under section 302 read with section 34 of the Penal Code 1860 and is liable to be punished thereunder.

74. The accused in this case are namely, 01) Mehedi Hasan son of Faridul Islam, 02) Md. Shahidur Rahman @ Piru Mithun, 03) Mehedi Hasan Joj, 04) Nahid Hasan 05) Anik Hasan 08) Md. Wadud Islam @ Raju. Being able to do so, one of the most important issues in the case is what can be the appropriate punishment for the convicted accused? The Honorable Supreme Court of Bangladesh is also a landmark Appellate Division case in determining the appropriate punishment. In this conncetion I can refer a case of Ataur Mridha alias Ataur Vs. The State, 15 SCOB [2021] (AD) 1, Guidelines must be followed by all judicial courts in the case. The Supreme Coure observed that

ÒThere is no guidance to the Judge in regard to selecting the most appropriate sentence of the cases. The absence of sentencing guidelines is resulting in wide discretion which ultimately leads to uncertainty in awarding sentences.Ó

Another case supporting the above notion which was held in the case of Nausher Ali Sarder Vs- The State, reported in 39 DLR (AD) (1987) page 200 Para-11) where it was observed that “”

“That section 302 which punishes murder does not specify in which case death sentence should be given and in which case life imprisonment to be awarded but leaves the matter to the discretion of the court and every case sholud be considered in the facts and circumstances of that case only.”

So it is crystal clear from the Ezahar with adduced evidences both and documentary that the accused persons altogether being pre-planned in furtherance of common intention in roder to snatch /steal the Pulser Motorbike of the victim by calling on mobile phone and killed the Imran with cool brain and took away the Motorbike. In this connection it is pertinent to mention a case of Shahid Ullah @ Shahid and Others Vs The State cited in 6 XP (AD)  77 where it was held as under;

“The accuseds with cool brain to hijack the transport and pre-plan they hired the same and killed passengers along with driver and after proving the same by evidence this type of murder should not get any mercy from the Court of law.”

On the basis of the decision, considering the facts and relationship between the deceased and the accused person 01. Md. Mehedi Hasan, 02. Piru Mithun, I am of the opinion that justice wiould be met if the accused namely 01.Md. Mehedi Hasan, 02. Md. Shahidur Rahman @Piru Mithun is sentenced to the Capital punishment as well as accused namely 03. Mehedi Hasan Joj 04. Anik Hasan, 05. Nahid Hasan & 06. Md. Wadud Islam @ Raju is sentenced to imprisonment for life and fine also respectively under section 302 read with section 34 of the Penal Code 1860.

75. In the light of the above discussion made above and so also on perusal of evidence oral and documentary as discussed above and submission of ld. P. P. for prosecution and ld. Advocates for defence, the irresistible finding of this Court is that on the alleged date, time, period and place accused persons (as discussed) conjointly with all prepense killed victims (deceased Imran) and that by killing such with all sound knowledge under accused custody killed said victims in the instant Case and that dead bodies of said victims kept concealed for disappearing the evidence of an offence causing murder in the instant case and that the manners applied by accused persons for killing victims in the instant case it appeared well that accused persons all the time held criminal mentality and that said offence as perpetrated by the accused persons is a crime against humanity. That in this case no other sentence can be awarded except capital. As the allegations of murder to victim Imran by the accused persons all with in furtherance of common intention was proved beyond doubt as such though against the acused person chrage was framed under section 364/379/411 of the Penal Code was proved so, but this court decided not to award separate punishment to the accused under section 364/379/411 of the Penal Code.

76. Having given active consideration to the facts, circumstances, evidence on record and the submission of Ld. P. P. for prosecution and Ld. advocate for defence I am constrained to hold view that prosecution has proved the case against the accused persons namely 01. Md. Mehedi Hasan, 02. Piru Mithun charged with under section 302 read with section 34 of the Penal Code and they are guilty for the murder and this court is decided to award maximum punisment i.e. the death penalty to them and the other four accused namely 03. Mehedi Hasan Joj 04. Anik Hasan, 05. Nahid Hasan & 06. Md. Wadud Islam @ Raju beyond all reasonable doubt and this court is decided to award life imprisonment (R.I.) and with fine also. Hence, accused persons are guilty for the offence charged with under section 302 read with section 34 and section 201 of the Penal Code and therefore, prosecution Case succeeds fully and consequently it is, 

                                              

ORDERED

 

 That the accused namely 1. Md. Mehedi Hasan (25) son of Md. Faridul Islam @ Latif, Village-Monohorpur, Police Station-Kumerkhali, District-Kushtia is found guilty under section 302 read with section 34 of the Penal Code and therefore the accused is sentenced to death and that the accused be hanged by the neck till he is dead subject to the confirmation of the sentence of death by the Honourable High Court Division of the Supreme Court of Bangladesh.    

That the accused namely 2. Md. Shahidur Rahman @ Piru Mithun (26) son of Md. Abdul Mannan, village-Dori Komorpur, Police Station-Kumerkhali, District Kushtia is found guilty under section 302 read with section 34 of the Penal Code and therefore the accused is sentenced to death and that the accused be hanged by the neck till he is dead subject to the confirmation of the sentence of death by the Honourable High Court Division of the Supreme Court of Bangladesh.  

That the accused namely 3. Md. Mehedi Hasan Joj (25) son of Md. Fazlul Biswas, village-Housing Estate A/99, Police Station-Kushtia Model, District-Kushtia is found guilty under section 302 read with section 34 of the Penal Code and therefore the accused is sentenced to rigorous imprisonment for life and also to pay fine TK. 20,000/- (Twenty thousands) only and that failing to pay said amount of fine money an another period of 01(one) year rigorous imprisonment would take place. The period during which the convict was in jail custody in this case prior to this conviction shall be deducted from the above period of sentence of imprisionment.

That the accused namely 4. Md. Nahid Hasan (23) son of Md. Sahid Biswas, village- Sondah, Police Station-Kumerkhali, District-Kushtia is found guilty under section 302 read with section 34 of the Penal Code and therefore the accused is sentenced to to rigorous imprisonment for life and also to pay fine TK. 20,000/- (Twenty thousands) only and that failing to pay said amount of fine money an another period of 01(one) year rigorous imprisonment would take place. The period during which the convict was in jail custody in this case prior to this conviction shall be deducted from the above period of sentence of imprisionment.  

That the accused namely 6. Munshi Anik Hasan @ Imran (22) Son of Munshi Nisiruddin, village-Chalk Horipur, Khoksa Police station, District-Kushtia are found guilty under section 302 read with section 34 of the Penal Code 1860 and that therefore said accused person is sentenced to rigorous imprisonment for life and also to pay fine TK. 20,000/- (Twenty thousands) only and that failing to pay said amount of fine money an another period of 01(one) year rigorous imprisonment would take place. The period during which the convict was in jail custody in this case prior to this conviction shall be deducted from the above period of sentence of imprisionment.

That the accused namely 6. Md. Wadud @ Razu (24) Son of Md. Afazuddin, village-Baniapara Kumarkhali Police station, District-Kushtia are found guilty under section 302 read with section 34 of the Penal Code 1860 and that therefore said accused person is sentenced to rigorous imprisonment for life and also to pay fine TK. 20,000/- (Twenty thousands)  only and that failing to pay said amount of fine money an another period of 01(one) year rigorous imprisonment would take place. The period during which the convict was in jail custody in this case prior to this conviction shall be deducted from the above period of sentence of imprisionment.

That the accused 1. Md. Mehedi Hasan, 2. Md. Shahidur Rahman @ Piru Mithun 3. Md. Mehedi Hasan Joj, 04. Md. Nahid Hasan, 05) Minshi Anik Hasan @ Imran & 06. Md. Wadud Islam @ Raju are also found guilty under section 201 of the Penal Code 1860 and that therefore said accused persons are also sentenced to rigorous imprisonment (R.I.) for 10 (Ten) years each and also to pay fine TK. 5,000/- (five thousand) only each and that failing to pay said amount of fine money an another period of 03 (three) months rigorous imprisonment would take place. The entire sentence passed in this connection of this case shall run concurrently.

That the seized Alamats be confiscated to the state and be disposed of as per law.

Let the conviction warrant be issued upon said convicts and warrants for levy of fine under section 386(1) (a) of the Code of Criminal Procedure Code accordingly.

Let the proceedings of the case, as per sectrion 374 of the Code of Criminal Procedure Code, be submitted to the Honorable High Court Division in confirmation of the Sentence of death.

The convicts, if they wish to appeal, should prefer the same within 07 (seven) days from this date.

Let a copy of the Judgement be forwarded to Ld. Chief Judicial Magistrate, District Magistrate and Superintendent of Police, Kushtia for nformation and necessary action.

Judgement in writting consisting of .........sheets of paper is kept in the record.

 

Dictated and corrected by me.

 

Md. Tajul Islam

Additional Sessions judge,

Additional Sessions Judge 1st Court

Kushtia

Md. Tajul Islam

Additional Sessions judge,

Additional Sessions Judge 1st Court

Kushtia

 

 

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