Man to be free after 17 years in jail, death row
Abdul Awal Khan, a trader from Gazipur's Kaliganj upazila, has been in jail and death row for the last 17 years for "killing his wife". But he is soon to be a free man as the Appellate Division of the Supreme Court yesterday acquitted him of the murder charge.
A six-member full bench of the Appellate Division, led by Chief Justice Syed Mahmud Hossain, delivered a verdict yesterday by majority decision, overturning the High Court judgement that confirmed his death sentence.
The apex court bench did not disclose the names of the judges who did not want him to be acquitted. All the issues including the observations and reasons for acquittal of Awal will be known when the full text of the verdict will be released, Helal Uddin Mollah, state defence lawyer for Awal and Deputy Attorney General Bishwajit Debnath told The Daily Star.
They said Awal will be released from jail following the SC judgement.
Helal said it has been proven that the trial court judgement that sentenced Awal to death and the HC verdict that upheld his death sentence were not "correct".
There is no provision in the laws of the country for getting any remedy from such "incorrect" verdicts, he said, adding that innocent Awal cannot seek any redress for his suffering.
Helal, a former deputy attorney general who moved the appeal pro bono, said Awal's family members have stopped communicating with him after 2016.
Citing the case documents, he said police recovered the body of Awal's wife Nargis, who was hacked to death, from their home in Saildia village under Kaliganj upazila of Gazipur on July 16, 2004.
Awal, who was in his shop near the village at the time, found the body, he said.
Nargis' father Ibrahim Dewan filed the murder case with Kaliganj Police Station but he did not mention any name in the case.
Kaliganj police arrested Awal in connection with the case the same day. The additional district and sessions judge's court of Gazipur on August 20, 2008, convicted and sentenced Awal to death.
He filed an appeal with the High Court challenging the trial court's verdict. After hearing his appeal and examining the death reference (trial court documents), the HC on February 25, 2018, upheld the death penalty of Awal.
The same year, Awal filed an appeal with the Supreme Court through jail authorities, challenging the HC verdict, lawyer Helal added.
Attorney General AM Amin Uddin and Deputy Attorney General Bishwajit Debnath represented the state. |
Yesterday, the Appellate Division also commuted death sentences of two convicts to life imprisonment in two murder cases.
The convicts are: Md Kazimuddin from Kewa Purbokhondo village under Gazipur's Sreepur upazila and Abdur Razzak Mattabar from Barojamia village under Barishal's Hijla police stations.
Kazimuddin was sentenced to death for killing his ex-wife Khodeja Begum on August 10, 2002. Razzak was sentenced to death for killing his neighbor Manwara Begum on July 7, 2007.
They had lost their appeals before the HC.
The grounds on which the SC commuted their sentences yesterday would be known when the full texts of verdicts are released.