Case Summary and Outcome

The High Court Division of the Supreme Court of Bangladesh convicted five of the nine persons accused for the murder of journalist Goutam Das. He was murdered by the contractors who were renovating a road in Faridapur, Bangladesh called “Mujib Sarak”, for his reporting on the corruption and crime, in the renovation. Out of the nine accused, three were found guilty on the basis of their confessional statements and two accused were found guilty on circumstantial evidence. Four accused were acquitted because the prosecution could not fulfill the burden of proof. 

Facts

Journalist Goutam Das was murdered for his reporting on the corruption and crime in the renovation work of Mujib Sarak, a road in Faridapur, Bangladesh. He was the Faridpur bureau chief of Bangla daily Samakal. His dead body was found on November 17, 2015, in the Faridpur Samakal Bureau office. The police found his body on the floor of the office, strangulated with a white nylon tie. 

On June 27, 2013 the court of first instance, the learned Judge of Druto Bichar Tribunal No. 1, Dhaka, convicted nine accused of his murder under Sections 302 and 34 of the Penal Code i.e. for committing murder, in furtherance of a common intention, with the other accused. Each of them were sentenced to imprisonment for life and to pay a fine of Taka 50,000 (Fifty thousand) each, and in default to undergo maximum imprisonment for a period of 1 year more. 

The accused persons were contractors who were in-charge of the renovation of Mujib Sarak. Three accused who had given confessional statements, implicated themselves in the murder and said that they and the others, had killed Goutam Das because he had published reports regarding the corruption involved in their renovation work. Two prosecution witnesses, who were journalists and friends of Goutam Das, testified to the fact that Goutam Das regularly wrote on social justice, terrorism and against the renovation work of Mujib Sarak in Faridpur, and this is what led to his death. 

On January 30, 2019, the High Court Division of the Supreme Court of Bangladesh pronounced its judgement on the appeals of the nine appellant-accused against the court of first instance’s order of conviction. Three accused in the case confessed to the murder of Goutam Das, stating that they had conspired to kill him because of his reporting. They were found guilty based on their confessional statements. Two accused were found guilty based on circumstantial evidence provided by the prosecution. Four accused were acquitted on the finding that the charges had not been proved beyond reasonable doubt. 

Decision Overview

Judge Najib delivered the judgment of the High Court Division of the Supreme Court of Bangladesh. 

The main issue before the court was whether the judgment of the court of first instance, convicting the nine accused of journalist Goutam Das’s murder was to be upheld or set aside. 

Three accused gave confessional statements, stating that they were the contractors who were in-charge of the renovation of Mujib Sarak and had, along with the other accused, killed Goutam Das for his reporting on the accused persons’ corruption in the renovation work. Two prosecution witnesses, who were journalists and friends of Goutam Das, testified and corroborated the fact that Goutam Das regularly wrote on social justice, terrorism and against the renovation work of Mujib Sarak in Faridpur, and this is what led to his death. 

On January 30, 2019, the High Court Division of the Supreme Court of Bangladesh pronounced its judgement on the appeals of the nine appellant-accused against the court of first instance’s order of conviction. Three accused in the case confessed to the murder of Goutam Das, stating that they had conspired to kill him because of his reporting. They were found guilty based on their confessional statements. 

The Court examined the guilt of the other accused on the basis of the circumstantial evidence provided by the prosecution. The test applied by the court was from the decision reported in 8 BLC 562, wherein it has been held,

“It is well settled that when a case rests on circumstantial evidence, such evidence must satisfy three tests: (i) the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established; (ii) those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; (iii) the circumstance staken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the offence was committed by the accused and none else.” [para. 126]

Two accused were found guilty based on circumstantial evidence provided by the prosecution. Four accused were acquitted on the finding that the charges had not been proved beyond reasonable doubt. The five accused persons who were convicted were found guilty for murder under Sections 302 and 34 of the Penal Code. The sentence of imprisonment for life and fine given by the court of first instance was confirmed by the High Court Division.