The Golam Rahaman was resident of village Shergram as well as known as a doctor and commonly he had daughter. The Kaju seduced a daughter of Golam Rahaman. The villagers persuaded Golam Rahaman not to proceed with the matter but Golam Rahaman not having agreed to move Village Madhura. While staying at Madhura he occasionally visited Shergram stealthily. Golam Rahaman, his son Abdul Halim set out in search of his father but could not find him.
During the search he learnt from Mojaffar that the four persons had carried away his father along the east side of the bank of the canal On the same afternoon the wife of Nakshed Johura Bibi came to the house of Abdul Halim and informed that three persons Kaju, Najibar and Lola had kidnapped Golam Rahaman from near the Gumti situated by the side of the canal Ab codul Halim continued the search for some time more but without any result On the next morning Abdul Halim lodged a written complaint with the Officer-in-Charge of Nalhati P.S. On the basis of which Nalhati P.S.,Case under Section 364 I.P.C. was started In this written complain it is stated that the informant apprehended that his father had been kidnapped by the persons named therein with the intention to assault or murder him.
After the information was lodged the I.O. visited the,spot, collected some blood stained earth from a field and prepared a seizure list in presence of witnesses. Kartick while, Kader, Ajahar Sk, were going to Chatra to make further searches they met accused Najibar going ahead of them towards the north. They surrounded Najibar and interrogated him and Najibar made an extra judicial confession to them. Thereupon Najibar was brought to the police station and produced before the I.O. The I.O. examined the witnesses and also Najibar independently in a separate room. Thereafter a police party consisting of the I.O. four police constables, Najibar and the witnesses came near the bank of a tank known as Jamda Pukur. Najibar pointed out a place in the tank by throwing a stone and from that place a fertilizer gunny bag was brought out of the water. The bag contained the upper limb of the father of Abdul Halim along with a big stone put inside the bag. Najibar pointed out another place where from another gunny bag was recovered which contained the lower limb of the body. The bag too contained a stone Abdul Halim identified the dead body as that of his father Golam Rahaman. The police officer prepared a seizure list and held inquest on the dead body. The dead body was subsequently sent through constables to the morgue for post-mortem examination. Abdul Halim has slated that he received some information from a cowboy about his father and set out in search of his father. He met the grandson of Ebadat (Azizur) and one Kojaffar who gave out that four persons have taken away his father. It is also his evidence that on the 24th Kartick accused Najibar was apprehended where upon he made a confession and he was produced at the police station. He further has stated that pursuant to the statement made by Najibar the dead body of his father was recovered in two parts from a tank known as Jamda Pukur. Rohima Khatun is the wife of Golam Rahaman and mother of Abdul Halim. She speaks of the case against Kaju and Lola and others for abduction of her daughter and the consequent ill-feeling between her husband on the one side and the villagers on the other. She knows that Kartick Johura Bibi, wife of Nakshed, came to her house and gave some information about her husband which she reported to her son Abdul Halim. It is also her evidence that on the next morning kaju came to her house and threatened her with dire consequences if the matter was reported to police. Golam Kader is another son of the de Golam Rahaman. His evidence is that on the 24th Kartick while he along with others was proceeding towards Chaitra they apprehended Najibar and that Najibar made a confession to them. Najibar was taken to the police station and was sepatately interrogated by the I.O. the whole party proceeded towards a tank being led by Najibar. There on the asking of the I.O. Najibar pointed out two places from where two gunny hags containing the body of Golam Rahaman in two parts were recovered. Lalka Sk. is the son-in-law of Golam Rahaman. He brought out the dead body contained in the gunny bags from underneath the water of the tank. Abu Bakkar, Nakshed Ali and Mojaffar Hossain have all spoken about the actual taking away of Golam Rahaman by the accused persons had while Golam was proceeding towards Nalhati he was accosted by the accused persons, that Kaju hurled a stone at him which hit Golam in the head and he fell down. The accused persons carried away Golam on their shoulders came to Nalhati but did not inform the police station of what he had seen out of fear, ft is a postal peon. He says that on the 21st Kartick while he was going to Nalhuti with mail he saw Chaka Oaktar being carried by two persons, viz. Lulu and Kaju followed by two others whose names he learnt from After finishing his job at Nalhati he came back home and told his wife Johura Bibi of the incident and asked her to inform the inmates of the house of Golam Rahaman. Johura Bibi claims to have visited the house of Golam Rahaman and to have reported the incident to Majaffar Hossain is another witness to the occurrence. He too corroborates and the kidnapping of Golam by the accused person. Azizul Haque heard of it and later informed Abdul Halim of what he has heard. Nazrul Islam is another witness to the discovery of the dead body pursuant to I he statement of Najibar. He is a witness to the seizure list and he has proved the stones which were found in the bags viz. Asimuddin Sarkar is a witness to the alleged extra-judicial confession. was a Magistrate who recorded the statemete and 8 under Section 164. Cr.P.C. Abdul Halim is the autopsy Surgeon. Two constables were who carried the dead body to the morgue and identified it. Besides these witnesses two daughters -of Golam Rahaman viz., Farida Yasin and Hasina Bibi, were examined as Court witnesses. Both of them stated that their father was murdered and it was elicited in cross-examination of Court witness. I that there was litigation with Kaju and others regarding an affair relating to her sister Monjura.
The Nuru alias Nurul Sk. faced trial jointly before the Sessions Judge on charges under Sections 302/34, 364/34 and 201/34 I.P.C. Nuru alias Nurul Sk. has been acquitted of all the charges. The appellants Kaju and Lalu have been found guilty under Section 364/34 I.P.C while the appellant Najibar Sk. has been found guilty under Section 364/34 and Section 201 I.P.C. Each of the appellants has been sentenced to suffer rigorous imprisonment for eight years under Section 364/34 I.P.C. Najibar has been further sentenced to suffer R. L for three years under Section 201 I.P.C.
The instance of Kaju alias Kajimuddin and Lalu alias Lulu alias Lola Sk. and Criminal Appeal at the instance of Najibar Sk. arise out of the order of conviction and sentence passed by the Sessions Court.
The Supreme Court held finally
for reduction of the sentence. Having considered the nature of the offence and
the gruesome manner in which the person was killed and sought to be disposed of
we find no reason to interfere with the sentence. Both the appeals fail and are
hereby dismissed.
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