Present:

Mr. Justice S M Kuddus Zaman And

Mr. Justice Md. Ali Reza

Criminal Miscellaneous Case No.9959 of 2005

Zahidul Islam @ Jhantu

.... Convict-Petitioner

-Versus-

The State

…. Opposite Party

Mr. M.A. Muntakim, Advocate

.... For the convict- petitioner. Mr. Sujit Chatterjee, D.A.G. with

Ms. Farhana Afroze Runa, A.A.G. Mr. Md. Abdul Aziz Masud, A.A.G.

Mr. Md. Shamim Khan, A.A.G.

.… For the State. With

Criminal Appeal No.4808 of 2003

Harun @ Harun Khan and another

…. Appellants -Versus-

The State

None appears

…. For the appellants. Mr. Sujit Chatterjee, D.A.G. with

Ms. Farhana Afroze Runa, A.A.G.

Mr. Md. Abdul Aziz Masud, A.A.G.

Mr. Md. Shamim Khan, A.A.G.

.… For the State.

Heard on 05.03.2024 and Judgment on 06.03.2024.

S M Kuddus Zaman, J:

This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order of

conviction and sentence dated 27.10.2003 passed by the Special Tribunal No.5, Satkhira in Special Tribunal Case No.28 of 1999 corresponding to G.R. Case No.231 of 1998 arising out of Satkhira Police Station Case No.01 dated 01.07.1998 convicting the petitioner and others namely Zahidul Islam @ Jhantu, Harun Khan, Emdadul Haque and Md. Moniruzzaman under Section 19A and 19(f) of the Arms Act and sentenced them to suffer rigorous imprisonment for 10 (ten) years should not be set aside and/or such other or further order or orders as to this Court may seem fit and proper.

Being aggrieved by above judgment and order of conviction and sentence dated 27.10.2003 passed by the learned Judge of Special Tribunal No.5, Satkhira in Special Tribunal Case No.28 of 1999 corresponding to G.R. Case No.231 of 1998 arising out of Satkhira Police Station Case No.01 dated 01.07.1998 convicted accused Zahidul Islam @ Jhantu preferred Criminal Miscellaneous Case No.9959 of 2005 under Section 561A of the Code of Criminal Procedure for quashment of above judgment and order of conviction of sentence dated 27.10.2003 and convict accused Harun @ Harun Khan and Md. Moniruzzaman @ Shovan jointly preferred Criminal Appeal No.4808 of 2003 for setting aside above judgment and order of conviction and sentence.

Above Criminal Miscellaneous Case and Criminal Appeal were heard together and being disposed of by the single judgment.

Facts in short are that Sub-Inspector Jashim Uddin lodged an ejahar on 01.07.1998 at 23.0 hours stating that on 30.06.1998 at 23.15 hours about 10-12 persons sensing their presence attempted to flee and they arrested five persons namely Zahidul Islam @ Jhantu, Ilial Bhuiyan, Md. Harun Khan, Emdadul Haque and Moniruzzaman. On conducting body search of accused Moniruzzaman and accused Emdadul Haque he recovered two round of cartridge from the pocket of the trouser of each of above two accused persons. He also recovered one razor from the west of accused Md. Harun Khan and a toy pistol from the possession of accused Illius. At the showing of accused Zahidul disclosed a pipe gun was recovered from the drainage at Etagaca Banglar more.

He seized above gun and cartridges in presence of the witnesses and handed over above accused persons and seized alamats to the police station and lodged FIR of this case.

To bring home the charge leveled against the accused persons under Section 19A and 19(f) of the Arms Act the prosecution examined ten witnesses who were cross examined by the defence and tendered two whose cross examination was declained by the defence.

On consideration of the facts and circumstances of the case and evidence on record the learned Judge of the Special Tribunal No.5 convicted accused Zahidul Islam @ Jhantu and Harun Khan under Section 19A of the Arms Act and convicted accused Emdadul Haque and Moniruzzaman under Section 19(f) of the Arms Act and sentenced each of them to rigorous imprisonment for 10(ten) years as mentioned above.

As mentioned above to bring home the charge leveled against the accused persons the prosecution examined ten prosecution witnesses and tendered