LUTFUN NAHAR BEGUM VS THE STATE — 27 DLR 29
Fact: Lutrun Nahar Begum, the appellant along with three persons, namely Sadhan Kumar Mali, Surid Chandra Das and Nagar Bashis were committed to the Court of Sessions for trial, in connection with the murder of Farida Begum and Delwar Hossain who were niece and nephew of the appellant’s husband namely Mr. Bhuiya, they used to reside in that house of Mr. Bhuiyan on the day of the murder only two victims were there.
The appellant had gone to neighbour’s house shortly before the occurrence took place. Sadhan Kumar Mali, who was a sweeper of the flat and Surid Chandra Das Were arrested on suspicion and after arrest, they made judicial confessions alleging that they had murdered the two persons at the instigation of the appellant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance which was later recovered from their possession.
Issue: Whether confession of two co-accused can be treated as evidence?
Argument: The Court of Session merely relies on the basis of the confessional statements to the two co-accused and not upon any legal evidence. The related section 30 of the Evidence Act says, “the court may take into consideration such confession” on the other hand section 3 of the Act does not recognize confession as evidence, moreover if the court using his discretionary power does so, the evidence is pretty weak to convict a person so such confession can only lend assurance to other evidence.
As there was no direct evidence but few circumstantial evidence were found which tendered to relate via section 32 (1) of Evidence Act 1872 but subsequently they also failed to be admissible as the dying declaration not being a proximate relation between them and the fact of death, they were not in the same transaction as well.
Judgment: The appeal is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond.
Opinion: the decision of the honourable court seems precise as the prosecution has failed to found their case on strong base as it is necessary on criminal trial to prove the conviction beyond reasonable doubt.