The High Court yesterday upheld the death penalty of two persons for killing Ashikur Rahman Khan Apu, an A-level student, in the capital's Wari area in 2008.

The two condemned killers are Monjurul Abedin Russell and Nawshad Hossain Mollah alias Robin.

Apu was shot dead and his two brothers -- Arifur Rahman Khan Setu and Atikur Rahman Khan Bappy -- were injured in a gun attack in front of their house in Wari on May 23, 2008.

Yesterday, the HC, however, acquitted two accused who were sentenced to life imprisonment by the trial court in this case. The acquitted persons are Iftekhar Beg alias Jhalak and Mohammad Ali alias Munna.

The HC did not say anything about Mahbub Alam and Biplob Chandra Das, who were sentenced to life imprisonment by the lower court, as they are absconding and they did not move any appeal against their sentences.

It means that the life imprisonment of Mahbub and Biplob will remain in force, said Deputy Attorney General (DAG) Moniruzzaman Rubel.

The HC bench of Justice Md Ruhul Quddus and Justice Bhishmadev Chakrabortty delivered the verdict after hearing the death reference of the case and the appeals filed by the convicted accused challenging the lower court verdict on them.

DAG Moniruzzaman said the HC upheld the death penalty of Russell and Robin as they were directly involved in the killing and the allegations brought against them were proved beyond reasonable doubt.

The HC acquitted Jhalak and Munna as Apu's brother Setu and Bappy did not tell the investigation officer that Jhalak and Munna were involved in shooting Apu, he said.

DAG Moniruzzaman also said the government will move an appeal before the Appellate Division of the Supreme Court against the acquittal of Jhalak and Munna.

Apu's sister Atia Khan Keya told this correspondent that they were not satisfied with the acquittal of Jhalak and Munna.

The Speedy Trial Tribunal-1 of Dhaka on March 13, 2012 handed down death sentences to Russell and Robin and life imprisonment to Munna, Mahbub, Jhalak and Biplob for murdering Apu.

Keya filed the case with Sutrapur Police Station the day after the incident on May 23, 2008, saying that Jhalak had hired the criminals to kill her brothers to occupy the ground floor of their Wari residence.

According to the case statement, Jhalak had rented the ground floor of the house but had not paid the rent for a while. When the victims' mother Tofatun Nahar asked him to vacate the house, Jhalak conceived the plan to kill her three sons.