Case Law

State vs. Maku Rabi Das (2004) 58 DLR 229

Facts of the Maku Rabi Das Case

On a fateful day, accused Maku Rabi Das took temporary shelter in the house of the deceased Nainka Rabi Das. In the evening, the accused, Maku Rabi, injured the deceased by inflicting Dao blows. Nanka Rabi Das has died on spot. After that, the accused Maku Rabi Das was apprehended, and he disclosed the fact that he had murdered a hired man; the first cousin of the deceased Giris Rabi Das hired him.

During the investigation, Giris Rabi Das died in Jail Hazat. After concluding the investigation, a charge sheet was submitted against the sole accused, Maku Rabi, under Section 302 of the Penal Code. The trial court, considering the facts and circumstances of the case, imposed a death sentence upon Maku Rabi Das under Section 302 of the Penal Code. The case was referred to the High Court Division for confirming the death sentence. The condemned prisoner preferred jail appeal. Both cases are heard together.

Issues of the Case

Why did Maku Rabi Das take shelter in the house of the deceased Nainka Rabi Das?
Can the death sentence be commuted?
Why did Giris Rabi Das hire Maku Rabi in the first place?

Decisions

Section 374—The prosecution brought the charge under section 302 of the Penal Code against the accused person. He deserves extreme punishment in the present case—the trial court has not committed any mistake in recording the conviction and awarding a capital sentence. Accordingly, the impugned judgment and order of conviction and sentence do not call for interference.