Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution.
In Bangladesh we exercise death penalty as capital punishment to execute the murderer or a convict of vital crime from ancient time. From which time we exercise it didn’t know. Though the sentences of death penalty pass frequently from the courts but the executions of those sentences are not frequent as well. Every year very few convicts are executed in Bangladesh. Some times the Government of the country releases the convict by showing political issue.
In Bangladesh penal provisions have been mad in Penal Code* 1860.The following eight types of offences is punishable with death:
Murder : Sec-302
Murder by life convict: Sec-303
Abatement of suicide of child or insane person: Sec-305
Attempt to murder by life convict causing hurt: Sec-307
Dacoit with murder: Sec-396
Giving or fabricating false evidence with to procure conviction of capital offence: Sec-194
Waging or attempting to wage war against Bangladesh: Sec-121
Abatement of mutiny: Sec-131
Other Laws in Bangladesh which Deal with Capital Punishment
Section 19A of the Arms Act, 1878, deals with capital punishment. Section 25 B of the Special Powers Act permits death penalty. Provisions of the Section, 7-9 of the Nari-O-Shishu Nirjatan Daman Ain, 2003 permits capital punishment for the criminals under this Act. Besides these some provisions of some other laws deal with capital punishment in Bangladesh. Acid Santras Ain is one of the most important Acts in this category.
Famous Cases of Death Penalty
Ershed AH Sikder vs. State
The case of the prosecution is brief, is that over the Khulna ferny great affairs condemned prisoner Ershed Ali sikder called Monir to come to a meeting scheduled to be held at Ghat No-4 adjacent to Ice Factory of condemned prisoner Ershed Ali Sikder. Monir along with his companions haled, Mohammad All proceeded towards the ghat. When Monir disclosed his identify, he was allowed to precede to wands the Ice factory. Then Ershed Ali Sikder and his companies attracted Monir. Ershed Ali Sikder with is cut rifle blow on the head of Monir who fell down on the innocent. He then ordered to finish him. Monir was seriously grievous injuries on his person. When lie confirm that Monir is dead than he assailed Khaled with Shabul hammer, parson etc. Condemned prisoner Enshed Ali Sikder danced on Khaled’s chest. Khaled was taken to KhulnaSadarHospital where the succumbed to his in Junes.
The Additional session Judge, 1st court of Khulna on consideration of the evidence and materials on record the facts and circumstance of the case convicted and sentenced Ershed Ali Sikder death penalty. The learned court also sentenced two others to death sentence two others to imprisonment for life and other accused 7 years rigorous imprisonment and to a fine take 5000/- and for default to out of 1 years rigorous as punishment. The petitioner is Earshed Ali Sikder. Then leave to Appeal in the High Court Division. But the high court division on correct consideration of the evidence of prosecution witness and all other materials on record reject the leave to Appeal.
Rofiqul Islam Mollah vs. State
Salma Begum, daughter of Pachu Sharif, given in marriage with sole accused Rafiqul Islam Mollah. Pachu Sharif received information that his daughter had died in the house of his son-in-law in the night. He went there and saw the dead body of his daughter lying on the floor of the verandah of the dwelling house of the accused. He then went to Gopalgonj Police station and made statement to the above effect. The charge officer of Thana went to the place of occurrence and prepared inquest on the dead body of victim of Salma Begum and sent the same to morgue for pos-mortem examination. On receipt of the post-mortem report, the aforesaid charge officer entrusted SI Md. Mojibur Rahman with investigation. The investigation officers investigate in to the cash and submitted Charge-Sheet against Md. Rafiqul Islam Mollah husband of victim Salma Begum.
The Additional session Judge of Gopalgonj on consideration of the evidence and maleness on record and the facts and circumstance of the case convicted and sentence Rafiqual Islam Mollah under section 302 of the penal code death penalty. Now the question remains, whether the learned Additional Sessions Judge was legally justified in inflicting the sentence of death instead of sentence of imprisonment for life on the accused. The fact of the case does not show that the accused used any heavy or sharp cutting or lethal weapon or even acted with cruelty in committing murder of the victim. There is also nothing on record that the murder was preplanned and cold blooded. In such view of the matter we hold that it will meet the ends of justice if the sentence of death inflicted upon the condemned accused is reduced to imprisonment for life.
In the result, the death reference is rejected and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code.