Akbar Ali Lalu vs. State 66 DLR (2014) 134, 391 and 396 of Penal Code

  

 Fact: 

One Mr.Khalaf Mohammed S Ali, Head of Saudi Citizens’ Affairs, The Royal Embassy of Saudi Arabia, Dhaka, BD went for a nocturnal walk at 1 am on 6-3-12 in the vicinity of his rented flat in Gulshan, the accused Saiful Islam alias Mamun, Md. Al Amin, Akbar Ali Lalu alias Roni, Md. Rafiqul Islam alias Khokon and Md.Selim Chowdhury lias Selim Ahmed came to the northern side of road no. 120 which is on the southern side of House no. 19/B, Road no 117, Gulshan P.S, DMP, Dhaka by a car bearing reg. no Dhaka Metro-GA-12-9688 and enriched the Saudi diplomat Khalaf. At one stage the accused attempted to commit dacoity and to that end, some of them started grappling with Khalaf. Finding no valuable in the possession of Khalaf, the accused Saiful Islam fired a shot on Khalaf with a 0.22 Calibre 8-chamber revolver bearing no 1616819-ARMINIUS made in Germany. As a result of the revolver shot, Khalaf fall down on the drain slab on the northern side of road no 120, Gulshan 2. Thereafter he was whisked away to the near by United Hospital wherein he succumbed to his injury. Excepting Selim Chowdhury aii the remaining four accused were tracked down and two of them made judicial confession making a clean breast of the whole incident.

Rule of Law: 

 1. S. 391 and 396 of Penal Code (XLV of 1860)

2. s. 3,8,114(g) of Evidence Act

3. s. 374 of CrPC (V of 1898)

Decision:

 md. A Amin, Akbar Ali Llu alias Roni and Khokon are convicted to imprisonment for life. The death sentence awarded to the appellant Saiful Islam alias Mamun doesn’t call for any interference from this court. In the result, the death reference is accepted in part and the sentence of death imposed upon him(Saiful Islam) is maintained. The absconding accused Md.Selim Chowdhury alias Selim Ahmed is acquitted of the charge on he round of benefit of doubt. Accordingly the impugned judgment and order stands modified.    

Reasoning:

 1. Reverting to the case in hand, only the accused Saiful Islam was armed with a revolver. He fired the fatal revolver shot on the victim Khalaf resulting in his eventual death at the United Hospital, Dhaka. Thus death penalty was maintained by the court.

2. Md. Al Amin, Akbar Ali Lalu and Md. Rafiqul Islam were involved in the commission of dacoity though they didn’t inflict any injuries on the victim Khalaf. But in any event, they should be awarded deterrent punishment commensurate with their culpability and roles in the commission of the offence. Accordingly they are sentenced to imprisonment for life.

3. Benefit of doubt to the accused Md. Selim Chowdhury was awarded in the absence of any independent substantive evidence on record connecting him with the commission of the offense.