Modifications of sentence– The appellant has been convicted under section 11(Ka) of the Ain, 2000 read with Section 302 of the Penal Code by the High Court Division. From the materials on record, it is found that the appellant No.1 Shahan Shah Sikder (Tito) has been in condemned cell for more than 13 (thirteen) years suffering the pangs of death. Accordingly, the conviction of the appellant No.1 Shahan Shah Sikder (Tito), son of late Elias Sikder, Village-Tularampur, Police Station & District-Narail is maintained. However his sentence is reduced to imprisonment for life along with a fine of Tk.20,000.00. The jail authority of Jessore jail is directed to shift the convict-appellant No.1, Shahan Shah Sikder (Tito), son of Elias Sikder from condemned cell to regular prison forthwith. The appellant No.2, Aleya Begum, wife of Elias Sikder, Village-Tularampur, Police Station & District-Narail be acquitted of the charge leveled against her. Let her be set at liberty forthwith if not wanted in connection with any other case. ...Shahan Shah Sikder (Tito) =VS= The State, (Criminal), 2021(1) [10 LM (AD) 630] ....View Full Judgment

Modification of sentence of death– It is well settled that the confessional statement can be the sole basis of conviction if it is made voluntarily and it is true. In the instant case, the confessional statement of the appellant is voluntary and true as well as this confessional statement supports the depositions of eye witnesses, PWs 14 and 15.
Decision cited [66 DLR(AD)199] as well as the circumstances of this case, we are of the view that justice would be sufficiently met, if the sentence of death of the appellant Md. Humayun be commuted to one of imprisonment for life. The criminal appeal is dismissed with modification of sentence of death. ...Humayun(Md.) =VS= The State, (Criminal), 2021(1) [10 LM (AD) 446] ....View Full Judgment