State vs Kajal Ahmed Jalali
Citation : 59 DLR 345
Jurisdiction : Bangladesh
Appellant : State
Respondents : Kajal Ahmed Jalali (absconding), Dr. Roushan Alam, Humayun Kabir @ Phool Mia
Facts :
This case arose from a death reference under section 374 of the Code of Criminal Procedure seeking confirmation of Kajal Ahmed Jalali’s death sentence. At the same time, Dr. Roushan Alam and Humayun Kabir @ Phool Mia filed criminal appeals challenging their convictions and sentences. The matter concerns the alleged abduction and murder of Shujan, a political activist of BNP, due to political rivalry with the accused. According to the prosecution, on the night of 30–31 June 2001, while returning to Dhaka from Rupashdi village, Shujan was stopped by a group of accused persons, including Kajal Ahmed Jalali and Humayun Kabir @ Phool Mia, along with associates of Dr. Roushan Alam.
PW 59, Shyam Mia, claimed to be an eyewitness and stated that the victim was taken into a microbus, tied, stabbed, and later transferred to another vehicle. It was also alleged that a prior meeting at KDH Laboratory took place to plan the incident. Evidence of political enmity and threats was placed on record. During investigation, two microbuses belonging to Dr. Roushan Alam were seized after about eleven months, and bloodstains were found inside them. Statements of witnesses were recorded under section 164 of the Code of Criminal Procedure.
However, inconsistencies emerged during investigation. PW 59’s statement appeared after a significant delay, and the blood recovered from the vehicles was not confirmed to be human or linked to the victim. Key witnesses, including Abdul Matin, who found the victim injured and attributed the attack to unknown persons, were not effectively examined. Other relevant witnesses were also not produced, and important investigative steps, such as tracing phone records and locating the vehicle driver, remained incomplete.
Issues :
1. Whether PW 59 Shyam Mia could be relied upon as a credible eyewitness.
2. Whether the alleged conspiracy meeting at KDH Laboratory was legally established.
3. Whether circumstantial evidence and evidence of political rivalry could establish guilt beyond reasonable doubt.
4. Whether non-examination of material witnesses entitled the accused to benefit under section 114(g) of the Evidence Act.
Arguments :
Appellant’s Arguments: (State)
The State argued that PW 59’s testimony provided direct evidence of abduction and murder. It emphasized that the alleged KDH Laboratory meeting demonstrated premeditation and conspiracy involving Dr. Roushan Alam and other accused. The prosecution relied on circumstantial evidence such as prior political enmity, obstruction of Shujan’s campaigns, threats by accused persons, and the recovery of blood from vehicles as indicators of their involvement. 164 statements of witnesses were cited to establish consistency in testimony and confirm the occurrence of conspiracy. The State maintained that these pieces of evidence collectively showed coordinated action by the accused to commit murder.
Respondent’s Arguments:
The defense contended that PW 59’s testimony was unreliable, as it is emerged unusually late in the investigation. They also argued that the 164 statements were improperly treated as substantive evidence. Moreover, the defense highlighted procedural lapses in investigation, including delayed seizure of vehicles, failure to trace the driver Abdul Halim, and non-examination of key witnesses like DW 1 Abdul Matin, Badal Mia, and Alam Khan. It was further argued that political rivalry, threats, and prior disputes could not substitute for direct evidence linking the accused to the murder.
Decisions :
The Supreme Court rejected the State’s death reference and allowed the criminal appeals of the accused. The Court held that PW 59’s testimony was inherently unreliable and could not form the basis of conviction. The Supreme Court emphasized that the alleged conspiracy meeting at KDH Laboratory was not proven, as no witness credibly testified to the presence or participation of Dr. Roushan Alam. The reliance on 164 statements as substantive evidence was a legal error.
The Court examined the circumstantial evidence of political rivalry, intimidation, and prior enmity, noting that while these circumstances created suspicion, they were insufficient to establish guilt beyond reasonable doubt. Investigative lapses, including delayed seizure of vehicles, incomplete follow-up on leads, and non-examination of crucial witnesses, further weakened the prosecution’s case. The Court also highlighted the principle that suspicion, however strong, cannot substitute for evidence in proving criminal liability.
The Court held that an unbroken chain of circumstances leading to the guilt of the accused was not established. Again, key evidence, such as the testimonies of witnesses who saw Shujan injured on the road, was not adequately examined by the prosecution. The Supreme Court concluded that the prosecution failed to discharge its burden of proof, and the convictions of Kajal Ahmed Jalali, Dr. Roushan Alam, and Humayun Kabir @ Phool Mia were not sustainable in law.
Based on these findings, the court rejected The Death Reference and allowed the criminal appeals. The accused, namely Kajal Ahmed Jalali, Dr. Roushan Alam, and Humayun Kabir @ Phool Mia, were acquitted of all charges and discharged from their respective liabilities.
Relevant Laws :
- The Penal Code, 1860
- Section : 34, 120B, 302
- The Evidence Act, 1872
- Section : 114(g), 145, 155(3)
- The Code of Criminal Procedure, 1898
- Section : 164
Author :
1. Raiyan Talukder
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