High Court Division
The State v Momin Gazi
Death Reference 100/2019 · Reference accepted; death sentence confirmed · Decided 15 September 2026
The Nari-o-Shishu Nirjatan Daman Tribunal 1, Jashore convicted the husband of the deceased under section 11(Ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 for killing his wife over non-payment of dowry, sentenced him to death and acquitted a co-accused. The Tribunal referred the sentence for confirmation. The convict was absconding, and a State Defence Lawyer was appointed for him. The prosecution case was that, after earlier payments, the accused demanded a further Tk 20,000 and assaulted the victim when it was not paid. The defence argued that the dowry demand and the killing were not proved, that there was no eyewitness, and that the inquest and autopsy reports conflicted. The Court held that the autopsy report, being an expert's report, prevailed and showed homicidal death by asphyxia. The victim died in her husband's house, he absconded and he gave no explanation for her death. Finding the charge proved, the Court accepted the reference, confirmed the death sentence and directed the authority to secure the convict's arrest.
- Whether the prosecution proved that the condemned-convict killed his wife for non-payment of dowry, an offence under section 11(Ka) of the Ain, 2000.
- How a conflict between the inquest report and the autopsy report is to be resolved.
- Whether the declaration of several witnesses as hostile and the non-examination of the investigating officer weakened the prosecution case.
- Where the inquest report and the autopsy report conflict, the autopsy report, having been issued by an expert, prevails.
- On the autopsy findings the victim's death from asphyxia caused by pressure on the upper chest and neck was antemortem and homicidal, and neither natural, accidental nor suicidal.
- The wife was found dead in the husband's house; he informed her family that she was ill, then absconded for about nine months, and neither explained her death nor made out any definite defence case.
- The prosecution proved the earlier dowry demand, the payment of Tk 20,000, the further demand of Tk 20,000 and the killing for its non-payment, establishing the charge under section 11(Ka) of the Ain, 2000.
- The convict's absconding before trial and again at the end of the trial unerringly proved his guilt, and the hostility of four witnesses and the non-examination of the investigating officer did not affect the prosecution case.
Although, the post mortem report does not tally with the inquest report in toto but in case of any conflict between the inquest and the autopsy report, the autopsy report having been issued by an expert shall prevail as per settled position of law.
