Facts of Anowar Hossain Pintu Case

Two minor boys plucked wood apples from a tree belonging to deceased AKM Abdul Halim, Chairman of Rajapur Union Parisad. The daughter of the deceased rebuked the boys. Thereafter, the boys told about the incident to their relative and the condemned prisoner Abul Kashem and the Convict Petitioner Anowar Hossain Pintu along with other accused persons came to the deceased’s house. At that time, the deceased Chairman was not present in his house.

At 8 p.m., when the Chairman was on his way home, the condemned prisoner Abul Kashem and the convict petitioner Anowar Hossain came to the Chairman. They informed him about the incident and demanded justice. Deceased Abdul Halim told them on reaching home he would settle the matter but both Abul Kashem and Anowar Hossain refused to rely on his words. They insisted the deceased settle the matter then and there but the deceased refused to do so.

Then both of them attacked Abdul Halim and fled away from there. Monowara Begum, the wife of the deceased, filed an F.I.R. to Burichang Police Station, and after an investigation, the police submitted a charge sheet. During the trial charge under Section 302/114 of the Penal Code was framed against them.

Issues

• How did the daughter of AKM Abdul Halim, Chairman of Rajapur Union Parished rebuke the boys?
• Why did Abul Kashem and Anowar Hossain denied to rely on AKM Addul Kashem’s words?
• What was the name of the weapon which was used against AKM Abdul Halim?
• How did AKM Abdul Halim die?
• Why did the trial court sentence them to the death penalty?
• Was the sentence given by the High Court right?

Decisions

The trial court convicted the condemned prisoner Abul Kashem under Section 302 of the Penal Code and sentenced him to death. But the High Court Division rejected the death reference and acquitted both the condemned prisoner Abul Kashem and the Convict petitioner Anowar Hossain Pintu. Then, an Appeal is directed against the judgment. No evidence has been proved against the Convict Petitioner, therefore Appellate division considers that the High Court Division rightly acquitted the Anowar Hossain Pintu and commuted the death sentence of Abul Kashem into imprisonment for life.

Judgment

The above short order shall form part of this judgment. This Case is also Reported in 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ……condemned prisoners and the accused appellant insisted that he must settle the matter then and there, which the deceased refused to do. As a result, the condemned prisoner Abul Kashem inflicted a dagger blow on the right side of the chest of the deceased and then both of them fled away towards the wheat field. Their actions made them convicted and they were given imprisonment for life.