Sk. Shamsur Rahman vs The State
Citation : [1990] 42 DLR AD 200
Jurisdiction : Bangladesh
Appellant : Sk. Shamsur Rahman (Defendant in the court of first instance)
Respondent : The State (Prosecutor in the court of first instance)
Facts :
The appellant was alleged to murder the the deceased, Sakhawat Hossain (Saku) by revolver shooting on 25.03.1981 near Sadhur Battala, Fultala, Khulna, while returning home on a motorcycle. The prosecution’s case was built primarily on the dying declaration made by the victim shortly before his death.
The deceased and the appellant were acquaintances. According to the prosecution, the deceased had spent the day with the appellant, Sk. Shamsur Rahman, visiting various locations. The victim was returning home on his motorcycle accompanied by the appellant. Suddenly, he was stopped and shot by the appellant on the head. Two more shots hit him on the chest while he was trying to flee. A van driver found him and took the injured victim home, where he orally repeated the incident before his family members, including his brother and his wife. Later, he was taken to Khulna Sadar Hospital. There, his formal statement was recorded by a police officer, which later served as the First Information Report (FIR) and the key piece of evidence in the trial.
The defense lawyer denied the occurrence and claimed that the dying declaration was fabricated. Additionally, another significant issue was the absence of any corroborative evidence. There were no eyewitnesses to the actual shooting. The defense argued that relying solely on the dying declaration, especially one with alleged infirmities, was insufficient to establish guilt beyond a reasonable doubt.
Issues :
1. Whether dying declaration can be the sole basis for conviction in the absence of any eyewitness.
2. Whether the non-examination of certain witnesses can invalidate the dying declaration.
Decisions :
Upon appeal, the Supreme Court, led by Justice ATM Afzal, scrutinized the dying declaration in detail. The court held that a dying declaration can be the sole basis for conviction if it is reliable, corroborated, and free from any doubt. Corroboration is not a rule of law but only a rule of prudence. And corroborative evidence strengthens the declaration’s credibility.
The court emphasized that the dying declaration was credible, corroborated by post mortem report. Additionally the court added that the victim had identified the appellant clearly and consistently, both in his written statement to the police and in his oral declarations to family members.
Minor inconsistencies and Non-examination of certain witnesses did not invalidate the declaration. So, dying declaration itself was sufficient. The court acknowledged some procedural lapses, such as the non-examination of certain witnesses. However, it ultimately concluded that these shortcomings did not undermine the core credibility of the dying declaration.
The court upheld the conviction, dismissing the appeal.
Relevant Laws :
- The Penal Code, 1860
- Section : 300
- The Evidence Act, 1872
- Section : 32(1)
Author :
1. Mohammad Hannan
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