Sunday, February 17, 2013

26 Aug 2012: Mollah 8th witness cross exam

The cross examination of the 8th prosecution witness in the case of Mollah continued by defence lawyer Abdus Sobhan Toropdar. This followed on from the previous day.
Defence: Are your parents alive?

Witness: No, they are dead.

Defence: How many brothers and sisters you got?

Witness: 2 brothers and three sisters.

Defence: Among five wards of your village, khalpar is one. Is your parent’s house in Khalpar ward?

Witness: Yes.

Defence: Who is the eldest among your brothers and sisters?

Witness: Me.

Defence: To which party you gave your vote in the election of 2008?

Witness: To Awami League.

Defence: Where did you give vote?

Witness: In Paribag, Dhaka.

Defence: What do you do?

Witness: I work as a maid servant in the house of people.

Defence: Where did you give vote before the election of 2008?

Witness: In Dhaka.

Defence: What is the name and address of the person in whose house you work?

Witness: His name is Sadon Das and address A\1 Badri Tower, Paribag, Dhaka.

Defence: What is the profession of your husband at present?

Witness: He is dead.

Defence: How many marriages you have done?

Witness: Three

Defence: What is name of your 3rd husband?

Witness: Lat Mia.

Defence: Is he alive or not?

Witness: He is dead.

Defence: What is name of your 2nd husband?

Witness: Nurul Islam, his house is in Noakhali.

Defence: How many people live in the ward of Khalpar?

Witness: May be more than three thousands.

Defence: Is there anyone alive among your father and uncles?

Witness: No one is alive?

Defence: How many son and daughter you have?

Witness: Three, two sons and one daughter.

Defence: Where and with whom your son and daughter stay?

Witness: Two sons stay with me at Khalpar and daughter got married.

Defence: What do your two sons do?

Witness: They work in Oddipon school.

Defence: Who take care of your father’s house?

Witness: My sons.

Defence: Is your name in voter list of the village?

Witness: I don’t know.

Defence: How far is your house from the house of Mujib Palwan?

Witness: His house is in Hindu Para.

Defence: How far is Hindu Para from Khal Par? In which side?

Witness: In the side of north-west after one ward.

Justice A.T.M. Fazle Kabir: Can you say that how far or how many yards?

Witness: No.

Defence: How much time it takes to go to the house of Mujib Palwan from your ward?

Witness: 10-15 minutes.

Defence: Are there many houses on the way to the house of Mujib Palwan from your ward?

Witness: Yes.

Defence: Mujib Palwan did not say anything to you about giving evidence.

Witness: Mujib Palwan said that Kader Mollah killed my husband.

Defence: My Lord I request by you to Mohammad Ali not to conform.

Defence: Did the I.O. of this case ask you the detail?

Witness: Yes.

Defence: In which date you were asked?

Witness: It is not in my mind.

Defence: Did the I.O. go to your village?

Witness: Yes but they did not get me and asked me to go to Baily Road.

Defence: They asked you to come in one day or more?

Witness: One day.

Defence: Did you say to the I.O. that at the time of this occurrence your age was 13?

Witness: Yes.

Justice Shahinur Islam: You can’t ask what did she say and you have to ask specifically that did you say this one.

Defence: You lied that you gave your vote in Paribag and you have been living for a long period.

Witness: This is not true.

Justice A.T.M. Fazle Kabir: You have to present ‘denial’ at the end of the cross examination

Defence: How many times did you go to your house of village?

Witness: 2 or 3 times in a month.
Defence: Dear learned Mohammad Ali, I requested you not to confirm, but again you do it than how we examine her.

Another defence lawyer: You get this chance in this court but you will not get it in another court.

Justice Shahinur Islam: You must withdraw this that you get chance in this court because you can’t comment like this about the court.
Defence: You did not say to I.O. that you were pregnant during the time of occurrence.

Witness: This is not true.

Defence: You did not say to I.O. that you and your husband were hidden yourself under bedstead.

Witness: I told.

Defence: You did not tell to I.O. that after sometime firing were stopped.

Witness: This is not true.

Defence: You did not tell to I.O. that after sometime we got out to see what is happening.

Witness: I told.

Defence: You did not tell to I.O. that after getting out we saw that army was coming to the house.

Witness: I told.

Defence: You did not tell to I.O. that after sometime firing was started further then you entered in the house and you also did not say that then you saw your uncle in law was killed and saw some army and a Bengali man who was short and black in complextion.

Witness: I told.

Defence: You did not tell to I.O. that then you caught my husband and then that Bengali said to go inside the house by aiming a thing like pistol.

Witness: I told.

Defence: You did not tell to I.O. that after 10:00am you came out again and raised your husband from land and saw that there was blood in his chest?

Witness: No, I told.

Defence: You did not tell to I.O. that then you told my mother in law to come out and 4 or 5 people brought your husband in the house and you also did not say that Joynal Doctor and Mukter Hossain were present at that time.

Witness: No, I told.

Defence: You did not tell to I.O. that you heard from your father in law or any other people of the village that Kader Mollah killed your husband.

Witness: No, I told.

Defence: You did not tell to I.O. that you heard from Mujib Palwan that Kader Mollah killed your husband.

Witness: No, I told.

Defence: You did not tell to I.O. that his( Kader Mollah) hair was short and there is no bear in his face.

Witness: No, I told.

Justice Fazle Kabir: No need to identify him to I.O.

Justice Shahinur Islam: Did you say that his hair was short and there was no beard?

Defence: How many son and daughter did your parents in law have?

Witness: 2 sons and 2 daughters.

Defence: The descendent of those two sons and daughters are alive or not?

Witness: They are alive.

Defence: Do you know that your date of birth is 2-05-1976?

Witness: I don’t know.

Defence: Can you say your date of birth?

Witness: I can’t say.

Defence: Can you say that in which date your father and mother were died?

Witness: Yes.

Defence: Do you know in which date your husband Lat Mia and Nurul Islam died?

Witness: No.

Defence: Did I.O. ask you about your age?

Witness: Yes.

Defence: Did you show I.O. the place of murder of your husband?

Witness: No.

Defence: Did you not tell anything about Kader Mollah to I.O.?

Witness: I told.

Defence: You lied that you gave your vote in Paribag.

Witness: I gave my vote in Paribag.

Defence: Did you file any case about the murder of your husband in police station of your area?

Witness: No.

Defence: My client Kader Mollah said that you have never seen him.

Witness: I saw him face to face.

Defence: Did you get any summon to give witness in this court?

Witness: No, no one told me to give witness.

Defence: You said that your aunty told your mother- in- law in the local language that, “Bulur mare bulur ma apnar bulu ar nay( hi mother of Bulu your bulu is dead), you said it by doing trick because it is not your local language.

Witness: I told.

Defence: My client claimed that you were not born at the time of occurrence.

Witness: If I was not born then how would come to my husband and children.

Defence: Now your age is not 55 years.

Witness: This is not true.

Defence: You are not real witness of this case but made up/ taught witness.

Witness: This is not true.

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