10. Upon scrutiny of the evidence as discussed above, it is evident that on 13th April, 1971 in the morning accused Salahuddin Qader Chowdhury along with his accomplices accompanied by Pakistani Army went to Maddhaya Gohira under police station-Rawjan, district-Chittagong and then in his presence the Pakistani Army opened fire on the unarmed Hindu civilian people in the courtyard of the house of Dr. Makhon Lal Sharma pursuant to a pre-arranged plan, and as a result the Hindus namely, Pancha Bala Sharma, Sunil Sharma, Joti Lal Sharma and Dulal Sharma were killed at the spot and Dr. Makhon Lal Sharma and Joyonta Kumar Sharma were seriously injured of whom Dr. Makhon Lal Sharma died after a few days. Having considered all the attending facts and circumstances, we are inclined to hold that it is proved beyond reasonable doubt that accused Salahuddin Qader Chowdhury along with Pakistani Army committed the said atrocities with intent to destroy, in whole or in part, the members of Hindu religious group which is genocide, and as such the accused is criminally liable under section 4(1) of the Act, 1973 for substantially contributing the actual commission of the offence of genocide as specified in section 3(2) (c) (i) and (ii) of the Act which are punishable under section 20(2) of the Act. Adjudication of Charge No. 3 Killing of Nutun Chandra Singha (Crimes against Humanity) Summary Charge On 13th April, 1971 around 9.00 a.m to 10.00 a.m accused Salauddin Quader Chowdhury led the Pakistani Army to Kundeshwari Owsadhalay of Gohira and entered the household of Sree Nutun Chandra Singha who was performing his prayer at that time in the temple, a Hindu religious prayer place, accused Salauddin Quader Chowdhury expressed his view to the Pakistani invading force that he had instruction from his father to kill Nutun Chandra Singha. Upon hearing the same, the army opened fire at him who fell down sustaining bullet injuries. While Nutun Chandra Singha was trembling, at the same time Salauddin Quader Chowdhury shot him again to confirm his death and thereafter, all of them left the place of occurrence. Upon such allegation accused Salauddin Quader Chowdhury has been charged for physical participation and also for substantially contributing to the actual commission of offence of crimes against humanity as specified in Section 3 (2) (a) of the Act, which is punishable under Section 20(2) read with Section 3(1) of the Act. Witnesses The prosecution relies upon the oral evidence of four witnesses and some documentary evidence in support of charge No. 3 which relates to the offence of crimes against humanity under Section 3(2)(a) of the Act. P.w. 4 Gouranga Singha and p.w. 14 Gopal Chandra Das are eye witnesses while remaining P.ws are hearsay witnesses in the Case. Now let us examine what evidence they have furnished before the Tribunal to prove the charge. Discussion of Evidence P.w. 4 Gouranga Singha is an eye witness who has deposed that his father, Uncles Nilambar Singha and Nutun Chandra Singha respectively used to live together in Kundeshwari Complex in 1971 and he was one of the members of that joint family. He has further deposed that he used to accompany deceased Nutun Chandra Singha all the time and looked after his household chores. On 13th Chaitra he along with one Himangshu Baidya, Brojohari Kormakar and Gopal Das was trying to take Nutun Chandra Singha away from Kundeshwari Complex due to his safety reason but he did not agree to go anywhere. While they were talking about the aforesaid matter, a military car reachedKundeshwari Complex. Then, accused Salauddin Quader Chowdhury along with other Rajakars and some Pakistani occupation forces (Panjabee) got off from the car. On seeing them he (P.w.4), Monaranjon Singha and Himangshu baidya escaped towards the jungle on the southern part of the house while Brojahori Karmokar and Gopal Das had gone into hiding on the first floor of Kundeshwari Complex. At that time the accused and others left the place of occurrence soon after taking some words with Sree Nutun Chandra Singha but they came back again within 10-15 minutes of their initial departure. This witness has further testified that he heard the sound of 2/3 gun shots within 1-2 minutes. He along with others thought that it would not be safe to remain there then they had gone towards the south. Thereafter he sent a trusted Muslim named Ahmed Bashor to know about the fate of his uncle Nutun Chandra Singha who coming back disclosed that his uncle had been killed whose dead body was lying in front of the temple. On knowing such tragic death, they wrapped the dead body with a blanket (tripal) and kept the same inside of the temple and left the crime scene.Before wrapping the dead body he saw gun shot injuries on the person of Natun Chandra Singh, one injury was in the left side of his face and another was in the left chest. Thereafter, they left for India and returned therefrom about 8/10 days immediate after the independence of Bangladesh. Satya Ranjon and Profulla, sons of deceased Nutun Chandra Singha, returned from India with him and they heard from Brojahori Karmokar that at the time of occurrence Brojahori Karmokar and Gopal Das had gone into hiding on the first floor of the Kundeshwari Complex from where they witnessed that Salauddin Quader Chowdhury along with some Bangalees and Panjabee military entered the house and had left the place after having some talks with uncle Nutun Chandra Singha. Soon after their departure, the accused along with others came back and pulled Uncle Nutun Chandra Singha out of the temple and Pakistani army opened brushfire at him while Salauddin Quader Chowdhury shot him two minutes later. Thereafter, they left the place of occurrence. They further heard from Brojahori Karmokar that the dead body of Nutun Chandra Singha was lying there for 2/3 days without cremation. Immediately after the independence of Bangladesh, Satya Ranjan institutedance criminal case against accused Salauddin Quader Chowdhury on the charge of killing of his father Nutun Chandra Singha. He has further deposed that none of them is now alive except himself and Profulla Babu. This witness has identified accused Salauddin Quader Chowdhury in the dock. In cross-examination of P.W. 4 has reiterated his version of examination-in-chief as to killing of Nutun Chandra Singha. Nutun Babu used to stay in the ground floor of the building while his two sons namely Satya Babu and Profulla Babu used to stay on the first floor of the same building. This witness during cross-examination, has disclosed that Satya Babu, son of Nutun Chandra Singha filed a criminal case with Roujan Police Station being Roujan Police Station Case No. 42(1)72 for killing his father Nutun Chandra Singha. He has further corroborated with the testimony of p.w- 3 Siru Bangalee in cross-examination that he knows a freedom-fighter named Bivuti of village Chikdai, a neighbouring village to Gohira. That Bivuti gave a vivid description of killing of Nutun Chandra Singha to p.w-3 Siru Bangalee. This witness has described the place of occurrence in reply to a question put to him that the width of Nutun Babu’s 1st floor’s balcony would be 6/7 feet long and his dead body was lying 3/4 feet far from the ground floor’s balcony. In reply to a question by the defence, he has told that the army did not go up to the first floor of the Kundeshwari Complex (hence defence suggestion p.w-14 cannot hide on the first floor does not stand). This witness has further replied that they heard the sound of army vehicle coming from the Rangamati road and as soon as they saw the accused, Mabud and others disembarking from the vehicle, they escaped leaving behind Nutun Chandra Singha in front of his temple. Nutun Chandra Singha used to keep all his money in the ground floor where he lived. The statues of the deities in Nutun Chandra’s temple were habited with 60/70 vories of gold on their bodies. Such depositions corroborate with the testimony of p.w-5 about the money and ornaments given by Nutun Chandra Singha to the accused and others when they raided the complex for the first time. In reply to a question put to him by defence, he has told that they were trying to take Nutun Chandra to another house due to safety reason and they had talks with Nutun Chandra Singha standing in front of the temple when army reached there. This witness has further told in cross-examination that army did not see them but they saw army coming towards and Mabud also did not see them. Immediately after getting off from vehicle by the accused, they went into hiding. This witness has further said in cross-examination that since Nutun Chandra received bullet injury on the left side of his head, the skin of the left side of his head was torn and the army did not go to the first floor of the building on that day. He denied that suggession that accused did not go to Kundeshwari on that day. P.W-14 Gopal Chandera as an eye-witness of the occurrence has testified that during the war of liberation he was the Principal of Kundeshwari Girls’ College established by Nutun Chandra Singha. About 30 teachers of Chittagong University took shelter in the Kundeshwari Complex but all of them left the complex by 10 April,1971 except Nutun Chandra Singha. Nutun Chandra Singha did not agree to accept the request made by them for leaving the country due to safety reason rather he told that he would never leave his motherland even at the cost of his life. P.W-14 further testified that he came back to Kundeshwar on the next day to stay with Nutun Chandra. On 13th April, 1971 on that day 6/7 persons came to Kundeshwari to meet Nutun Chandra. Among them there were Goranga Singha (p.w-4), Brojahori, Himangshu Baidya and Monoranjon Singha. On hearing the sound of gun shots from the street, p.w-14 himself expressed his view not to stay anymore in the complex. Within a moment, a Pakistani army jeep entered the Kundeshwari Complex and stopped at the outer yard and they got off from the jeep quickly. At that time, all the persons who were present there identified Salauddin Quader Chowdhury and Mabud by uttering the names who accompained by Pakistani invading force therein. Soon after their getting down from the jeep, he along with Brojahori Babu went into hiding on the first floor of the Kundeshwari Complex and others took shelter in a bamboo bush situated at the south-west corner behind the Kundeshwari Complex. He has further testified that he and Brojahori witnessed the whole events through the window of Brojahori,s room in the first floor. They witnessed that accused Salauddin Quader Chowdhury, a Pakistani army officer, 2/1 army soldiers and 2/1 other Bangalee associates had talks with Nutun Chandra Singha and sometimes after they made departure from there, they got sound of their riding on the jeep and they thought that they became free from any danger. About 8/10 minutes later, they again heard the sound of a vehicle then they again went into hiding in the same room. Thereafter, they saw that Pakistani invading force along with others came back and entered the temple of the Kundeshwari Complex and they dragged Nutun Chandra Singha forcibly out of the temple in the courtyard. They opened fire at him who fell down sustaining bullet injury. This witness has further told that he himself saw Salauddin Quader Chowdhury fired 2/3 rounds of bullet on Nutun Chandra Singha by his pistol or revolver as he had instruction from his father to kill Nutun Chandra and thereafter, accused Salauddin Quader Chowdhury left the crime site after ensuring death of Nutun Chandra who died on the spot. This witness has also identified the accused in the dock. He denied all the suggestions put by the defence about the manner of causing death of Nutun Chandra Singha. P.W-5 Profulla Ranjon Singha, son of deceased Nutun Chandra Singha has testified that his father was killed on 13th April, 1971 in between 9.00 a.m. to 9.30 a.m. He has stated that he left the Kundeshwari Complex for taking shelter in India on 11th April, 1971 and he was engaged in issuing border pass on behalf of the Government of Bangladesh at Ramgarh border. He heard about his father’s killing on 13th April, 1971 around 4.00 p.m from Jotish Dhar, Headmaster of Roujan high school. After the liberation war they returned to Bangladesh and they heard the full description as to how his father was killed by Salauddin Quader Chowdhury and others from both Gouranga Chandra Singh (p.w-4) and Gopal Chandra Das (p.w-14) respectively. His version of evidence is identical to what p.ws-4 and p.w-14 said, except he added that on the first raid on 13th April, 1971, the accused along with Pakistani invading force demanded money and gold ornaments which his father handed over to them and thereafter they left the premises. This witness has further deposed that after coming back from India they had also heard in details about their father’s killing from present and former Chairman Didarul Alam Chowdhury. Thereafter they had also heard from Brojahori Karmokar and Principal Gopal Chandra Das about how his father was killed. Before that Gouranga Singha told them about the killing of Nutun Chandra while staying in Kolkata. Brojohori told that when army came to Kundeshwari he saw Salauddin Quader Chowdhury, a self declared major or brigadier, with them. When Gouranga Singha, Himangsu Baidya, Monoranjon Singha, Brojahori Karmokar and Gopal Das tried to convince his father Nutun Chandra to take away then the army came to their Kundeshwari Complex. By seeing this, three of them went into hiding in jungle and two escaped themselves on the first floor of the building. This occurrence took place on 13th April, 1971 between 9.00 a.m to 9.30 a.m. Brojahori told them that through window of the first floor they saw Salauddin Quader Chowdhury along with the army who demanded money and gold ornaments from his father and accordingly he gave huge amount of money and gold ornaments to them and then they left the scene instantly. 15/20 minutes later they had come back again and they pulled his father out of the temple and kept him standing in front of the temple and he was shot by fire arms. While his father was trembling Salauddin Quader Chowdhury shot him again twice or thrice to confirm his death. His father’s dead body remained lying on the spot for three days after the occurrence took place. His father’s dead body was cremated with the help of Chairman Amanot Khan and a neighbor named Barua Babu. He has further expressed his view in his deposition that eventhen they are so un-lucky as they have failed to attend at the cremation of his father. Thereafter, his brother Satya Ranjon Singha filed a criminal case being Roujan Police Station Case No. 41(1)72 with Roujan Police Station. After investigation police submitted charge sheet against Salauddin Quader Chowdhury and others in this case. He heard that this case was transmitted to Dhaka and the fate of the case is not known to him. This witness has also stated in his deposition that on 22nd April, 1971 he met Professor Dr. Anisuzzaman (p.w-1) at Ramgarh who asked him about his father and then he replied that his father was killed on 13th April, 1971 in the hands of accused Salauddin Quader Chowdhury along with Pakistani invading force who pulled his father out of the temple and the incident took place in front of the temple. He has also indentified the accused in the dock. In cross-examination he has vividly given description of their Kundeshwari Complex. He has said Kundeshwari Complex was two storied building. His father used to live in the ground floor while they lived in the first floor of the complex which consists of nine rooms. Of which he had two rooms while his brother Satya Ranjon Singha had also two rooms. His cousin Gouranga Singha and Bivuti Singha used to live in two other rooms and from remaining three other rooms, one was for guests, one for reading room and one for prayer. During cross-examination the defence could not controvert what has been deposed by this prosecution witness on the particular incriminating the accused with the Acts related to killing of his father rather he has corroborated the testimony of p.ws-4, 14 and 1. P.W-1 Dr. Anisuzzaman has deposed that he heard the facts of killing of Nutun Chandra Singha by Salauddin Quader Chowdhury and Pakistani occupation force from Profulla Ronjon (p.w-5), son of the deceased, on 20th April or 22nd April, 1971 when they met each other at Ramgarh. He has stated in deposition that after 25th March, 1971 a group of teachers including their family members from Chittagong University took shelter in the Kundeshwari Complex and his family member also included in that group and he met them on 1st April, 1971 in Kundeshwari and left there on 2nd April, 1971 and went to Ramgarh on 10th April in the same year where he stayed till 26th April. He heard in details of the fact of incident from p.w-5 when he visited Kundeshwari Complex to express his gratitudeto Nutun Chandra Singha’s family after return to Bangladesh on 6th January, 1972. This witness has also identified the accused in the dock. In cross-examination he has reiterated the version which he has stated in his deposition. He has replied that Nutun Chandra’s two sons were involved with pro-liberation activities even before the war of independence began. He heard the full description of event of killing of Nutun Chandra from p.w-5 Profulla Chandra Singha, a son of Nutun Chandra Singha. P.W-3 Siru Bangalee has stated in chief that he heard the material facts of killing of Nutun Chandra from a freedom fighter named Bivuti Vushan of Gohira area under Roujan Police Station (Bivuti Vushan’s identification was given by p.w-4 as well). He has testified that Bivuti was in Khagrachari when he entered into Bangladesh from India on 20.10.1971 and Bivuti told him about the conversation between Nutun Chandra and Pakistani army which he overheard from the branch of a tree near the Kundeshwari Complex. According to him the army officer became astonished to hear that Nutun Chandra himself considered Pakistan as his motherland and did not want to leave the country and wanted to die if necessary and after that the officers left the premises. Soon after their departure, accused Salauddin Quader Chowdhury returned with 2/3 soldiers and ordered them in Urdu to kill Nutun Chandra. Salauddin Quader Chowdhury himself shot Nutun Chandra by using 2/3 rounds of bullet after he had fell down on the ground sustaining bullet injury by army soldiers. In cross-examination the above version as to the commission of criminal acts of killing remain totally undisturbed. Defence has simply suggested that being influenced and tutored by prosecution he has given false evidence against the accused in the false case rather this witness has corroborated the testimony of p.ws-4 and 14 on the material facts of event leading to the killing of Nutun Chandra by accused Salauddin Quader Chowdhury. A paper clipping of “Dainik Bangla” dated 13th April, 1972 has been marked as exhibit -16 where it reported as under “13B Gwcªj cvwK¯’vb evwnbx Kz‡Ûk¡ix fe‡b cª‡ek K‡i| Zv‡`i c_ †`wL‡q G‡bwQj KzL¨vZ dRjyj Kv‡`i †PŠayixi eo †Q‡j mvjvDwÏb (GLb jÛ‡b)| †m cvK nvbv`vi‡`i e‡j †h evevi wb‡`©k Av‡Q bZzb P›`ª wms I Zvi †Q‡j‡`i gvi‡Z n‡e| ‡Q‡jiv cvwj‡q wM‡qwQj Av‡MB evey bZzb P›`ª wms ZLb gw›`‡i cªv_©bv KiwQ‡jb| mvjvDwÏb Zv‡K †mLvb †_‡K †U‡b ‡nuP‡o evwn‡i wb‡q G‡mwQj| Zvi †Pv‡Li mvg‡b gw›`i Dwo‡q w`‡qwQj| Zvici Zv‡K nZ¨v Kiv n‡qwQj b„ksm fv‡e| †gRi 3wU ¸wj Kivi ciI mvjvDwÏb wifjev‡ii ¸wj Qyu‡owQj bZzb eveyi w`‡K| wZwb jywU‡q c‡owQ‡jb †Zgwb gyL _ze‡i c‡owQ‡jb 3(wZb) w`b| †mLv‡b GLbI Kvj‡P i‡³i `vM †Pv‡L c‡o|” Similar information has been recorded against accused Salauddin Quader Chowdhury by mentioning his name in evsjv‡`‡ki ¯¦vaxbZv hy× `wjjcÎ, Aóg LÛ at page No. 576-577 which is now a part of historical document of painful birth of independence of Bangladesh. The news of killing of Principal Nutun Chandra by accused Salauddin Quader Chowdhury was also published in the “Daily Azadi” dated 03.12.1997. Regarding killing of Nutun Chandra by Salauddin Quader Chowdhury was also published in the Daily “Vorer Kagoj” dated 13th April, 2007 which reported that Salauddin Quader Chowdhury shot Nutun Chandra by using three bullets when Nutun Chandra Singha fell down on the ground sustaining bullet injury from the army soldiers. Evaluation of Evidence and Finding The prosecution has mainly examined two eye witnesses namely Gourango Singha as p.w-4 and Gopal Chandra as p.w-14 to prove the charge. To support and corroborate the evidence of the aforesaid two witnesses the prosecution has adduced and examined 4(four) other witnesses who heard the killing of Nutun Chandra Singha by the accused and others on 13th April, 1971 between 9.00 to 10.00 a.m. Prosecution has also submitted some documentary evidence relating to the involvement of the accused published in the news paper as well as historical document and a police case. On the other hand, the defence counsel has claimed that the accused has been involved in a politically motivated case. The accused was not involved with the commission of crimes as alleged in the charge as he was not in the country when the alleged occurrence took place. The defence has further argued that the witnesses examined by the prosecution are not credible after long passage of time. It is true that for the reason of long passage of time human memory may be faded or betrayed. Now let us assess what evidence the eye witnesses have provided in support of the instant charge. P.w-4 has testified that he used to accompany his uncle deceased Nutun Chandra Singha all the time and supervise his house-holds chores on 13th Chaitra. When they were talking about leaving of Nutun Chandra Singha a military car reached Kundeshwari Complex wherefrom Salauddin Quader Chowdhury and others including Pakistani occupation forces got off. He along with one another then escaped towards the jangle when Gopal Chandra Das and Brojohari Kormakar went into hiding on the first floor of the Kundeshwari Complex. From where they witnessed that Salauddin Quader Chowdhury along with some Bangalees and Panjabee military entered the complex and had left the place after having some talks with Nutun Chandra Singha. Soon after their departure, accused Salauddin Quader Chowdhury along with others came back and pulled Nutun Chandra out of the temple and Pakistani army opened fire arms at Nutun Chandra singha while Salauddin Quader Chowdhury shot him two minutes later. In cross-examination the above version as to the commission of destructive criminal acts of killing remain totally unshaken. On the contrary, this prosecution witness has reiterated his version of examination-in-chief that on the day of alleged occurrence Nutun Chandra Singha worn new cloths in the morning. Nutun Babu used to stay in the ground floor of the building while his (Nutun Babu) two sons namely Satya Babu and Profulla Babu were staying on the first floor of the same building. Regarding stay of deceased Nutun Chandra Singha and Satya Chandra has been confirmed in reply to a question put to Profulla Chandra Singha by the defence. This witness in cross-examination has confirmed that his brother Satya Babu lodged a criminal case being Rawjan Police Station case no.42(1) 72 (marked as exhibit-32) regarding killing of his father Nutun Chandra Singha. P.w-14 being an eye witness has given evidence corroborating p.w-4 that he and Brojahori witnessed the whole events through the window of Brojahori’s room, the 1st floor of the Complex that the accused Salauddin Quader Chowdhury with others had talks with Nutun Chandra Singha, sometimes after their departure from there, they came back and entered the temple of the Kundeshwari Complex fromwhere they pulled out Nutun Chandra Singha forcibly in the court yard. And they opened fire at him who fell down on the ground sustaining bullet injury. To confirm his death Salauddin Quader Chowdhury used two or three rounds of bullet on Nutun Chandra Singha by his pistol or revolver as he had instruction from his father to kill Nutun Chandra Singha. Here, we find that this version of evidence has corroborated the evidence of p.w-4 by the same tune as they had seen direct participation of the accused in the killing of Nutun Chandra. Now the pertinent question may be raised from the senseable person while Nutun Chandra Singha was targeted to be killed by the accused under instruction of his father Fazlul Quader Chowdhury. It is crystal clear evidence along with common knowledge that Nutun Chandra Singha was a very popular man in the country, especially in Chittagong, who by giving his efforts established many institutions including school, college and also a renowned Kundeshwari Owshodhalay. His contribution especially to the Hindu communities made him more popular. In the event of any political or social or any election his opinion to the communities was a vital factor which might reflected in defeating the father of the accused in the national election held in 1970. Such revenge caused to be ferocious in the killing of Nutun Chandra Singha by the accused and others. It is evidenced on record that after 25th March 1971 when the Liberation War began, many pro-liberation people including around 50 university teachers and their family members took shelter in the Kundeshwari Complex, school and college at the behest of Sree Nutun Chandra Singha. For which he was targeted to be finished forever. P.w-5 Profulla Chandra Singha, son of deceased Nutun Chandra Singh who was not in the crime site at the time of occurrence as he deported to India but he heard about his father’s killing on 13th April, 1971 around 4.00 p.m from Jyotish Dhar, head master of Rawjan high school, at Ramgarh border. He also heard full description of how his father was killed by Salauddin Quader Chowdhury and others from both Gourango Chandra (p.w-4) and Gopal Chandra Dhar (p.w-14) respectively after return from India. His version of evidence is quite identical to p.w-4. He has also stated in his evidence that his brother filed a criminal case being Rowjan Police Station case 41(1) 72 in which police submitted charge sheet against accused Salauddin Quader Chowdhury and others after conclusion of investigation. In cross-examination this witness has vividly given description of the Kundeshwari Complex in which the occurrence took place Dr. Anisuzzaman known as Emeritus who as p.w-1 has given evidence regarding killing of Nutun Chandra by Salauddin Quader Chowdhury. This witness along with other university teachers took shelter in Kundeshwari Complex after 25th March, 1971 immediate after beginning of the Liberation War which proves that Sree Nutun Chandra Singha as a high social personality used to provide his hands to the men who fall in any danger which caused him targeted. This witness has also supported the evidence of p.w-5 Profulla Chandra that on 20 April or 22 April in 1971 when they met each other at Ramgarh he wanted to know from Profulla about his father then he replied that his father was killed in the hands of accused Salauddin Quader Chowdhury along with Pakistan invading force and others. The description of events of killing of Nutun Chandra Singh as deposed by p.w-1 is quite identical with that of which p.w-5 heard from p.w-14 Gopal Chandra Das and others. P.w-3 Siru Bangalee has also stated that he heard the material facts of killing of Nutun Chandra from a freedom fighter named Bevuti Bushon of Gohira whose identification has been given by p.w-4 that accused Salauddin Quader Chowdhury ordered Pakistani soldiers in Urdu to kill Nutun Chandra Singha. Salauddin Quader Chowdhury himself shot at Nutun Chandra by using two or three rounds of bullet after he fell down on the ground sustaining bullet injury by army soldiers. This witness has also corroborated with his examination-in-chief and depositions of p.w-4 and 14 on the material facts of events leading to the killing of Nutun Chandra by accused Salauddin Quader Chowdhury and thereby the defence has failed to dislodge his version of deposition. P.W-18 Debobrato Sarkar while giving his testimony has told before the tribunal that on 13th April 1971 an incident took place on Nutun Chandra Singha. This version of evidence also has confirmed the killing of Nutun Chandra at the time and date as alleged by the prosecution. It has revealed from exhibit-16 that contains the news of killing of Nutun Chandra was published on his first death anniversary which shows the direct complicity of the accused in the killing of Nutun Chandra Singha. Similar involvement of the accused has also been recorded at page 465 in evsjv‡`‡ki ¯¦vaxbZv hy× `wjjcÎ, Aóg LÛ published in 1984, reported first time in 2003 and further reported in June,2013,which is now a part of historical document. Though p.ws 5, 18, 1 and 3 have been examined as hearsay witness by the prosecution but their testimonies have carried reasonable probative value as they had opportunity to know what they have deposed in a same tune relating to the fact of killing of deceased Nutun Chandra by the accused and his accomplices in Kundeshwari Complex. Rules 56(2) of ROP, 2010 states that “ The tribunal shall also accord in its discretion due to consideration to both hearsay and non-hearsay evidence, and reliability and probative value in respect of hearsay evidence shall be assessed and weighed separately at the end of the trial”. Therefore, on evaluation of the hearsay evidence we do not find any reason to disbelieve the above mentioned hearsay witnesses by whose testimonies do not appear to have been stained by any flaw. Rather these testimonies have supported the direct evidence adduced by prosecutioneye-witness nos. 4 and 14. We do not find anyone who has come forward to testify that Nutun Chandra Singha was not killed on the alleged day between 9.00 to 10.00 A.M, by the perpetrators. It appears from the evidence that a good number of witnesses have identified the accused in the dock as they saw the accused at different crime sites in 1971. Now the question may be raised when the occurrence took place at that time Salauddin Quader Chowdhury was 21 to 22 years old. Since he was not a renowned political figure, how he was identified as Salauddin Quader Chowdhury as claimed by the defence. According to D.W-1 it is an admitted fact that late Fazlur Quader Chowdhury was elected V.P of Carmichael hostel in Calcutta and he served in the highest office in the Federation of Pakistan as acting President and Speaker of the National Assembly of Pakistan. Nevertheless, he was the Prime leader of Convention Muslim League and was elected several times as people’s representative from the locality. It is presumed for such reasons his family members were being naturally known to everybody of his locality. At the relevant time the identification of Salauddin Quader Chowdhury being the son of late A.K.M Fazlul Quader Chowdhury was to be very easier than anything else. So his identification in the crime scene by the witnesses is not improbable or unbelievable. As per defence evidence, accused was involved in helping some pro-independence leaders and press secretary of Bangabandhu, even his father’s house at Dhanmondi was used by the then central student leaders to hold meetings for launching anti-Ayub movement. It is interesting to note that as soon as the declaration of Bangladesh was declared the accused claimes that he left for West Pakistan on 29 March, 1971 for taking higher education. It is a fact of common knowledge that after crack down by the Pakistan armuy in the night following 25th March 1971, the whole nation became panic-stricken and was in a fix. In such critical situation the accused claimes that he left for west Pakistan on 29 March, 1971. This plea of alibi taken by the defenc at least goes to prove that the accused was never a supporter of the pro-liberation movement of Bangladesh, rather he was loyal to Pakistani and supporter of Pakistan occupation forces as his father did on that score. It is also a fact of common knowledge that pro-liberation Bangalee civilian Hindu Community was the main target of the perpetrators in 1971. It is proved that on 13th April, 1971 in the morning the Pakistani army accompanied by accused Salauddin Quader Chowdhury directed the attack on unarmed civilian Nutun Chandra of Kundeshwari Harbal factory and killed him as a part of pre-plan. Upon scrutiny of the evidence adduced by P.W-5 it is found that P.W-4 Gorango singha and P.W-14 Gopal Chandra Das as eye witness of the occurrence have categorically proved the active participation of the accused in killing Notun Chandra Singha on 13.04.1971. P.W-1 Dr.Anisuzzaman P.W-3 Siru Bangalee P.W-3Profulla Singha ( son of Notun Chandra Singha) and P.W-18 Deborato Sarker as hearsay witnesses have corroborated material facts of the evidence adduced by P.W-4 and 14 and as such the hearsay evidence adduced by the witnesses have got probative value. Moreover, old documentary evidence have corroborated the prosecution case in toto. A paper clipping of Danik Bangla dated 13th April,1972 (exhibit-16) prodeuced earlier goes to prove that accused actively participated in the attack directed against Notun Chadra and he also killed him by revolver shot. Photocopies of Ejahar registered as Rawjan Police Station case No. 41 dated 29.01.1972 shows that the case was filed against Salauddin Quader Chowdhury and others for killing Notun Chandra during war of liberation. Besides this some fact has been recorded at page No. 576-577 in Bangladesher Shadinata Judder Dalil patra, 8th volume which also corroborates that accused Salauddin Quader was one of killers of Notun Chandra Singha. We held that the oral evidence complete with documentary evidence discussed above, have proved beyond shadow of doubt that accused Salauddin Quader Chowdhury with the help of Pakistani army in a palnned way killed civilian Nutun Chandra Singha on 13.04.1971 at Kundeshwary, Chittagong. He is also found criminally liable for his presence and participation in the killing of Nutun Chandra under section 4(1) of the Act. It is well proved that the accused substaentially contributed to the killing of Nutun as crimes against huminity as specified in section 3(2)(a) of the Act. Adjudication of Charge No. 04 [Committing the offence of genocide , and also persecution on religious ground and deportation as crimes against humanity] 1. Summary charge: On 13th April, 1971 at about 10.30 to 11.00 a.m. accused Salahuddin Qader Chowdhury along with his accomplices and Pakistani Army raided the area of Jogotmollopara belonging to Hindu community and then one of the military men opened fire to the innocent village people assembled in the courtyard of Kiron Bikash Chowdhury, and as a result 32 Hindu people were killed and 3 persons were seriously injured. Besides, the houses were looted and destroyed by fire and some people had to deport to India as refugees to take shelter there. Discussion of evidence: 2. P.W. 3 Sirajul Islam alias Siru Bangali has deposed that he heard from Captain Karim that on 13th April from morning to evening accused Salahuddin Qader Chowdhury in collaboration with the Pakistani Army attacked and massacred in the Hindu villages namely, Gohira, Sultanpur, Jogotmollopara, Unsatturpara and neibouring palces only out of religious grudge. 3. P.W. 3 in cross-examination has stated that Captain Karim was killed in the month of September, 1971. He has denied the defence suggestion that Captain Karim did not tell him the occurrence what he has stated in his examination-in-chief. He has also denied the defence suggestion that he has deposed falsely against the accused. 4. P.W. 12 Arunangshu Bimol Chowdhury has testified that his village home is situated Sultanpur, Jogotmollopara, under police station Rawjan, dist Chittagong. He used to practise as a doctor at Ranirhat of Rangunia. On the date of occurrence, the Chairman of Rajanagar, Rangunia, Kaikobad Chowdhury having gone to his shop asked him to go along with his family members two miles away from the road. Accordingly, he along with his family members went to his father-in-law’s house at Binajuri. He has further testified that two hours after reaching Binajuri, he heard that all the people of Jogotmollopara were killed by gun shots, and he wanted to visit the place and on his way found his sister-in-law (elder brother’s wife) Jotsna Bala Chowdhury injured with bullet, and then he brought her to Binajuri where her parents’ house was also situated and in the meantime looting was started in Binajuri as well. Thereafter, he went to India along with his family members. After Liberation War, they came back to their village home and found everything destroyed. P.W. 12 has also testified that during Liberation War, his elder brother Himangshu Bimol Chowdhury, sister-in-law, Nilu Bala Chowdhury, another brother Premangshu Bimol Chowdhury and his wife Jotsna Bala Chowdhury, another brother Shitangshu Bimol Chowdhury, uncle Surendra Bijoy Chowdhury and his wife Charu Bala Chowdhury, another brother Kiron Chandra Chowdhury and many others were killed. He has further testified that those persons were killed in his house, and he also heard that one month after of that killing, another three persons were also killed. There is a monument made in memory of the martyrs who were killed in Jogotmollopara and the names of the martyrs are also written on it. It may be mentioned here that the defence declined to cross-examination this witness. 5. P.W. 13 Ashish Chowdhury has stated that on 13th April, 1971 his father sent him along with his mother and sisters to his aunt’s house at Binajuri village as his father was apprehending military attack on their own house. On the same day, at about 2.00/2.30 p.m. his maternal uncle Arbindu Sing came to that aunt’s house and informed them that accused Salahuddin Qader Chowdhury along with local Muslim League followers and Pakistani Army had attacked on their house and killed by gun shot about 30/35 persons including his (P.W. 13) father Premangshu Bimol Chowdhury, elder brother Ashok Kumar Chowdhury, aunt Monoroma Chowdhury, uncle Shitangshu Bimol Chowdhury, cousin brother Shomir Chowdhury and other persons of his family and village, and he also informed them that his (P.W.13) another aunt Jotsna Bala Chowdhury, neibour Amolendu Bikash Chowdhury along with many others were also injured after that attack. P.W.13 has further stated that his said maternal uncle, two sisters, mother and he himself went to Baruapara for shelter, and thereafter they went to India as refugees, and after Liberation they came back to their village home and found their houses fully burnt and destroyed and heard from his aunt Jotsna Bala Chowdhury, neighbour Amolendu Chowdhury, uncle Shontosh Ranjan Chowdhury that accused Salahuddin Qader Chowdhury along with Muslim League followers and Pakistani Army killed those 30/40 persons by gun shots in their courtyard and his aunt Jotsna Bala Chowdhury, neighbour Amolendu along with other people of their para were injured. He has further stated that he also heard that one month after of the said occurrence, followers of accused Salahuddin Qader Chowdhury came to their house and abducted Bijoy Krishno Chowdhury, Bibhuti Bhushon Chowdhury and Hirendra Chowdhury and subsequently killed them in the side of Dabua Khal, and in memory of all those martyrs a monument was made in Jogotmollopara on 18th July, 2008 and the names of the martyrs are also written on it. He has also stated that his aunt Jotsna Bala Chowdhury is now bed-ridden. 6. P.W.13 in cross-examinatin has stated that he also heard about the occurrences from his uncle Dr. Arunangshu (P.W.12). He made his statement on 08.04.2011 before the investigation officer who visited their house 5/6 times. He denied the defence suggestion that he has deposed falsely as being tutored by the prosecution and the witness Profullah. 7. Ext. 95 is the statement of the witness Jotsna Bala Chowdhury, who is now dead, recorded by the investigation officer, has been received in evidence by this Tribunal under section 19(2) of the Act, 1973. She has stated in her statement that on 13th April, 1971 at about 10.30/11.00 a.m. Pakistani Army came to their para, and sometime before that two Bangalis had come there and brought out her and her husband Kiron Chowdhury along other people of that para from their houses and assembled them in the courtyard of their houses in the name of a peace meeting to be held there. The Pakistani Army having come there suddenly started firing on them, and as a result 30/35 persons along with her husband Kiron Chowdhury were killed and she was also shot at her left rib bone. Besides, her neighbour Amolendu and many others were also injured. She has further stated in her said statement that thereafter her neighbour brother-in-law Arunangshu Bimol Chowdhury (P.W. 12) brought her to her parents’ house in Binajuri and thereafter she went to India. She has also stated that at the time of said occurrence accused Salahuddin Qader Chowdhury was also with the Army men. The accused and the Pakistani Army also burnt their house when they left the place of occurrence. 8. Ext. 29 is a paper clipping of the local daily newspaper, Suprovat Bangladesh dated 04-07-2008, under the caption “37 hRl fl l¡ES¡el SNvjõf¡s¡ hdÉi¨¢ja pȪ¢ap±d qµR”. The news contains the incident of the alleged genocide committed by accused Salahuddin Qader Chowdhury and the Pakistani Army on 13th April, 1971 in Jogotmollopara where around 47 people were killed and Jotsna Bala Chowdhury were badly injured. And now a monument is going to be made there in the memory of those martyrs. The relevant portion of the said news is quoted below: “1971 p¡ml 13 H¢fÐm f¡L-q¡e¡c¡l h¡¢qe£l qaÉ¡k‘l ®m¡jqoÑL L¡¢qe£: l¡ES¡el p¤ma¡ef¤l SNvjõf¡s¡ NË¡j 1971 p¡ml 13 H¢fÐm f¡L-q¡e¡c¡l h¡¢qe£l pcpÉl¡ L¥änÄl£ Kod¡mul fТaù¡a¡ AdÉr e§ae Q¾cÐ ¢pwqpq f¡nÄÑha£ Hm¡L¡l 47 Se e¡l£-f¤l¦oL m¡Ce dl …¢m Ll qaÉ¡ Llz ¢ejÑj H qaÉ¡L¡ä ®bL ®hyQ k¡Ju¡ 87 hvpll hªÜ¡ SÉ¡vpÀ¡ h¡m¡ ®Q±d¤l£ S¡e¡e, ’71 p¡ml 13 H¢fÐm c§f¤l 12 V¡l pju p¡m¡E¢Ÿe L¡cl ®Q±d¤l£l pq¡ua¡u f¡L-q¡e¡c¡l h¡¢qe£l HL¢V cm Hm¡L¡l e¡l£, f¤l¦ocl ®XL He SÉ¡vpÀ¡ h¡m¡ ®Q±d¤l£l ü¡j£l Oll p¡je m¡Ce dl h¢pu ¢ejÑji¡h …¢m Ll qaÉ¡ Llz Ha 47 Se OVe¡ÙÛmC ¢eqa quz Hcl jdÉ hªÜ¡ SÉ¡vpÀ¡ h¡m¡ ®Q±d¤l£ J 55 hvpl hupl h¡¢p¾c¡ Ajm¾c¤ ¢hL¡n ®Q±d¤l£ N¤¢m¢hÜ qu j¡¢Va m¤¢Vu fsez qaÉ¡k‘ ®no m¡n ®gm f¡Lq¡e¡c¡l h¡¢qe£l pcpÉl¡ Qm ®Nm …¢m¢hÜ SÉ¡vpÀ¡ h¡m¡ ®Q±d¤l£ J Ajm¾c¤ ¢hL¡n ®Q±d¤l£l ‘¡e ¢glm j¡l¡aÅL Bqa AhÙÛ¡u a¡l¡ c¤SeC ®L±nm f¡¢mu fСZ lr¡ f¡uz …¢ma ¢eqa 47 Sel m¡n ¢hL¡m f¡L ®pe¡l¡ f¤el¡u ¢gl Hp h¡¢sl f¡nÄÑ j¡¢Va NaÑ Ll f¤a ®lM Qm k¡uz” Evaluation of evidence and finding: 9. The prosecution has examined as many as 3 witnesses (P.W. Nos. 3, 12 and 13) and produced two documents namely Ext. 95, the statement of witness Jotsna Bala Chowdhury recorded by the investigation officer and Ext. 29, a paper clipping of daily newspaper, Suprovat Bangladesh, dated 04-07-2008, to prove the charge no. 4 relating to committing the offence of genocide, and also persecution on religious ground and deportation as crimes against humanity. Among said 3 witnesses who have been examined, P.W. 12 Arunangshu Bimol Chowdhury and P.W. 13 Ashish Chowdhury are the members of the victim families. P.W.12 has stated that while he was staying at Binajuri he heard that all the people of Jogotmollopara were killed and when he was going to the place of occurrence, on his way, he found his sister-in-law Jotsna Bala Chowdhury (now dead) injured with bullet, and thereafter he went to India along with his family members. He has also stated that after Liberation War they came to their village home and found every thing destroyed, and during Liberation War his elder brother Himangshu Bimol Chowdhury, sister-in-law Nulu Bala Chowdhury, another brothers Premangshu Bimol Chowdhury, Kiron Chandra Chowdhury and Shitangshu Bimol Chowdhury, uncle Surendra Bijoy Chowdhury and his wife Charu Bala Chowdhury and many others were killed in their house. But P.W. 12 has not specifically implicated the accused with the said atrocities. P.W. 13 Ashish Chowdhury has also stated in line with the evidence of P.W. 12, but he has specifically implicated the accused with the said atrocities. P.W. 13 has stated that on 13th April, 1971 at about 2.00/2.30 p.m. he heard from his maternal uncle Arbindu Sing tht accused Salahuddin Qader Chowdhury along with local Muslim League followers and Pakistani Army had attacked on their house and killed by gun shots about 30/35 persons including his father Premangshu Bimol Chowdhury, elder brother Ashok Kumar Chowdhury, aunt Monoroma Chowdhury, uncle Shitangshu Bimol Chowdhury, cousin brother Shomir Chowdhury and other persons of his family and village, and his another aunt Jotsna Bala Chowdhury along with many others were injured after that attack. He has also stated that thereafter they went to India as refugees, and after Liberation, they came back to their village home and found their houses fully burnt and destroyed and also heard from his above mentioned aunt Jotsna Bala Chowdhury (now dead), neighbour Amolendu Chowdhury, uncle Shontosh Ranjan Chowdhury about the atrocities committed in their house on 13-04-1971 as mentioned above. P.W. 3 Sirajul Islam alias Siru Bangali is also a hearsay-witness who has indirectly corroborated the alleged occurrence implicating the accused stating that he heard from Captain Karim that on 13th April from morning to evening accused Salahuddin Qader Chowdhury in collaboration with the Pakistani Army attacked and massacred in the Hindu villages namely, Sultanpur, Jogotmollopara, Unsatturpara and neighbouring places. P.W. 3 has stated in his cross-examination that said Captain Karim was also killed in the month of September, 1971. 10. Ext. 95 is the statement of the witness Jotsna Bala Chowdhury which has been received in evidence under section 19(2) of the Act, 1973. Having considered the legal aspects of the said statement of a witness, we are of the opinion that the statement of a witness received under section 19(2) of the Act, 1973 alone does not form the basis of conviction, but such statement may be used as a corroborative evidence to prove a particular occurrence. In the instant case the said statement of the witness, Jotsna Bala Chowdhury, who is now dead, has corroborated the evidence of P.W. Nos. 3, 12 and 13 as discussed above. She was an eye-witness and herself was a victim. She has vividly narrated the alleged occurrence in her statement that on 13th April, 1971 at about 10.30/11.00 a.m. Pakistani Army killed about 30/35 persons in their courtyard along with her husband Kiron Chowdhury and injured herself, Amolendu and many others by gun shots, and thereafter she went to India. She has also stated that at the time of occurrence accused Salahuddin Qader Chowdhury was also with the Army men. Ext. 29 is the paper clipping of the local daily newspaper, Suprovat Bangladesh, dated 04-07-2008. The news reported in Ext, 29 also corroborates the alleged occurrence and the statement made by the witness Jotsna Bala Chowdhury (Ext. 95) to the investigation officer as discussed above. 11. It may be reiterated that the witnesses (P.W.Nos. 3, 12 and 13) examined by the prosecution are all hearsay witnesses. Undeniably hearsay evidence is admissible but it is to be corroborated by other evidence. That is to say, hearsay evidence is to be considered together with the circumstances and relevant material facts depicted. Hearsay evidence is admissible and the court can act on it in arriving at decision on fact in issue, provided it carries reasonable probative value [Rule 56(2) of the ROP]. This view finds support from the principle enunciated in the case of Muvunyi which is as below: “Hearsay evidence is not per se inadmissible before the Trial Chamber. However, in certain circumstances, there may be good reason for the Trial Chamber to consider whether hearsay evidence is supported by other credible and reliable evidence adduced by the prosecution in order to support a finding of fact beyond reasonable doubt.” [Muvunyi (ICTY Trial Chamber), September 12, 2006, para 12]. 12. Upon scrutiny of both oral and documentary evidence and the legal aspects as discussed above, we are inclined to hold that it is proved beyond reasonable doubt that on 13th April, 1971 accused Salahuddin Qader Chowdhury along with his accomplices and Pakistani Army opened fire on the unarmed Hindu civilian people in the courtyard of Kiron Bikash Chowdhury of village Jogotmollopara and as a result around 30/35 Hindu persons were killed and many persons were badly injured. Besides, the houses were looted and destroyed by fire and some people had to deport to India as refugees to take shelter there. They committed the said atrocities with intent to destroy, in whole or in part, the members of Hindu religious group which is genocide. The act of looting and destroying houses by fire is considered as persecutions as crimes against humanity, and the accused also conspired to commit the said offence and he also had complicity in that offence. Thus, accused Salahuddin Qader Chowdhury is criminally liable under section 4(1) of the Act, 1973 substentially contributing to the commission of the offence of genocide as specified in section 3(2)(c)(i), (ii), 3(2)(g) and 3(2)(h) of the Act and also persecutions on religious ground and deportation as crimes against humanity as specified in section 3(2)(a) of the Act which are punishable under section 20(2) of the Act. Adjudication of Charge No.5 (Killing of Nepal Chandra and three others, at Sultanpur) Summary Charge: On 13th April 1971 around 1.00p.m accused and his accomplices led the Pakistani invading force entered Bonik Para at Sultanpur and opened fire upon unarmed civilian Hindu people pursuant to pre-arranged plan and thereby killed (1)Nepal Chandra Dhar, (2) Monendra Lal Dhar,(3) Opendra Lal Dhar and (4) Anil Baran Dhar. The houses of Bonik para were set on fire by the accused who left the scene thereafter and thereby the accused has been charged for Physical participation and also for substantially contributing to the commission of offence of genocide as specified in section 3(2)(c)(i) and persecution as crimes against humanity under section 3(2)(a) of the act which is punishable under Section 20(2) of the Act. Witnesses: In support of this charge the prosecution has examined P.W.3 and P.W. 22 and one statement of Badal Biswas under Section 19(2) of the Act. Prosecution has also produced copies of two criminal cases which have been marked as exhibit 32/3 and 32/4 respectively. Discussion of evidence: P.W. 22Anil Boran Dhar as victim as well as eye witness of the occurrence deposed before the Tribunal that on 13th April around 1.00/ 1.30 P.M. Salauddin Quader Chowdhury, some followers of his father and Pakistani army personnels entered Bonik Para on chanting slogans and arriving at their house grabbed him along with his father Opendra Lal Dhar from their room to the court yard. At that time his Uncle Monendra Lal Dhar and Nepal Chandra Dhar were also present in the court yard. Perpetrators lined them up in a row and opened fire towards them. They all fell down on the ground but he became senseless instantly. He got his sense back after a long time and he found himself injured in his left hand and left side of his back. He also found his father and two others dead lying on the ground. Then he managed to go to his maternal uncle’s house in Fatikchari and got admitted in Chittagong medical college with the help of Dr. Jafor. Lower part of his elbow was cut off and bullet was taken out from his back during treatment. As a result, he became maimed permanently. He subsequently heard that dead body of his father and two others were buried by some neighbouring Muslims in the mass graveyard situated at the courtyard of Tezendralal Biswas. Upon getting release from hospital he also heard that on 13th April similar genocide was committed in Maidya Gohira, Gohira, Biswas para, Kundeshwari, Jogot Mollo para and Unoshottor para. On that day a neighbour Umesh Chandra Biswas was also killed at his own house. A criminal case was lodged by him with Rowjan police station against the accused Salauddin Quader Chowdhury and others. He identified Salauddin Quader Chowdhury in the dock. In cross-examination he has replied that he lodged Roujan Police Station Case No. 05 dated 05.04.1972 under Section 148/149/302/34 of the Penal Code against 16(sixteen) persons including accused Salauddin Quader Chowdhury. They were lined up in a row when fire was opened. Monindra Lal Dhar was beside him among the four persons in the row. He cannot say on what part of the bodies of three other persons had been hit, because he became senseless. Those three persons died and he got back his sence around 3 / 4.00 P.M. He denied the defence suggessions that he did not receive bullet injuries on 13 April, 1971 or he did not see the acc used at the place of occurrence on that day. P.W. 3Siru Bangaleehastestified that on 13th April, 1971 under the leadership of accused Salauddin Quader Chowdhury and Pakistani invading forces committed genocideand persecuted numerous Hindu people targeting religious group in the village of Gohira, Sultanpur, Jogathmollo Para, Unosattar para and nearby places. They also looted, plundered houses and committed rape upon abducted young girls on the same day. In cross-examination he has replied that he heard from Captain Karim regarding genocide in Roujan, Sultanpur, Jogathmollo Para, Unosattar Para, Kundeshwari Complex and abduction of Sheikh Mozaffar and his son. The statement of Badal Biswas submitted by the prosecution under Section 19(2) of the Act has been marked as exhibit -98. In the said statement Badal Biswas stated that on 13th April, 1971 around 1.00 p.m accused Salauddin Quader Chowdhury, Fazlul Quader Chowdhury and some others including panjabee soldiers with Pakistani flag entered their area chanting slogan as “dRjyj Kv‡`i †PŠayix wR›`vev`, cvwK¯’vb wR›`vev`, Bqvwnqv Lvb wR›`vev`” etc. Thereafter, they had entered the house of Opendra Dhar, Monindra Dhar, Nepal Dhar and Onil Dhar and brought them out of the house and fired at them. This witness has deposed further that Onil sustained severe injury and rest of them died instantly. On seeing this, he along with his brother had gone into hiding in a jungle behind the back of their house. Then the accused went inside their house and killed his ailing father too bringing him in the court yard. Being afraid of, they left the place and came back to their house on the following day of the occurrence where they found the dead bodies of Opendra Dhar, Napal Dhar, Monindra Dhar and his father lying on the ground. He along with his brother buried their father’s dead body near on bank of a pond of their house and then they left for India for taking shelter as refugee. Evaluation of Evidence and Finding Upon scrutiny of the evidence discussed above, it is found that P.W. 22 Anil Baron Dhar as a victim and eye witnesses of the occurrence has testified that on 13 April 1971 at about 1.00 to 1.30 P.M. accused Salauddin Quader Chowdhury, some followers of his father and Pakistani invading forces entered Bonik Para. These perpetrators lined up them including his father in a row and opened fire arriving at them. They all fell down on the ground and he became senseless instantly. He luckily survived but three others including his father died on the spot. Subsequently his elbow had been amputated from his hand and a bullet was taken out from his back during his treatment resulting that he became maimed permanently. According to the aforesaid evidence, it reveals that the father of p.w-22 along with two others was shot dead on the spot where accused Salauddin Quader Chowdhury was physically present at the time of killing those unarmed civilians. We have already settled the issue regarding statement of a witness recorded under section 19(2) of the Act in the case of Delowar Hossain Sayeedi. It has been held that no one can be held Criminally responsible solely on the basis of such statement of a witness recorded under section 19(2) of the Act but such statement may be used as corroborative evidence to prove a particular occurrence. On perusal of the statement of Badal Biswas (Exbt. No. 98) recorded under section 19(2) of the Act, it is found that this statement corroborated the evidence adduced by eye-witness P.W. 22 Anil Baran Dhar on material facts of the occurrence. P.W. 3 Siru Bangalee is a hearsay witness but he testified that he heard the occurrence from captain Karim to the effect that accused with the aid of Pakistan army directed attack on upon Hindu Community as a religious class at village sultanpur and other nearby villages with intent to destroy whole or part of Hindu Community . Though the evidence of P.W. 3 is hearsay but it crimes probative value as it corroborates material facts of the occurrence. He corroborated the testimony of eye-witness P.W. 22 on material points as to presence and participation of the accused in the commission of offence. Mr. Ahsanul Huq Hena, the learned defence counsel has submitted that after the War of Liberation , two murder cases being Ranjan Case No. 4 and 5 dated 05.04.1972 (Exbt. No. 32(3) and 32(4) were filed against Salauddin Quader Chowdhury and others in respect of occurrence of Jagathmollopara and Sultanpur but police submitted final report after investigation and as such the charge No. 5 has been proved false and baseless. We do not agree to the submissions made above by the defence counsel. In reply, it can be said that ICT A. of 1973 is a special law dealing with International Crimes namely crimes against humanity, genocide, war crimes and other system crimes and as such any ordinary criminal offence or its investigation report shall not stand as a barrier on the way of holding trial of those special crimes as mentioned above. Accordingly, this prosecution under the Act of 1973 cannot be said to be barred by any doctrine of double jeopardy. After assessing the evidence on record, we are inclined to hold that the prosecution has been able to prove this charge No. 5 beyond reasonable doubt that the accused with intent to destroy in whole or in part the members of Hindu community actively participated in the killing of unarmed civilians of village Sultanpur and thereby substantially contributed in the commission of genocide as specified in section 3(2)( c )(i) of the Act. Adjudication of Charge No.06: [Committing the offence of genocide and deportation as crimes against humanity] 1. Summary charge: On 13th April, 1971 at about 4.00 to 5.00 p.m. accused Salahuddin Qader Chowdhury along with some of his accomplices led the Pakistani Army and attacked Unsatturpara, a Hindu populated area, under P.S. Rawjan and brought the local Hindu people to the bank of the pond behind the house of Khitish Mohajan telling them to attend a peace meeting, and after that in presence of the accused, they brush fired upon them and thereby killed Chandra Kumar Paul and 49 others and also unknown 19/20 unarmed civilian persons. Besides, from the said occurrence Januti Bala Paul got gunshot injuries in her waist and the general Hindu people took shelter in India as refugees. Discussion of evidence:
Posted on: Tue, 01 Oct 2013 19:22:33 +0000
Trending Topics
Recently Viewed Topics
© 2015