Present

Mr. Justice Sheikh Abdul Awal

Criminal Appeal No. 6809 of 2014

Abdul Halim and another ...............Convict-appellants.

-Versus-

The State.

.....Respondent. Mr. Kazi Akbar Ali with

Mr. Sikder Mahmudur Razi, Advocates.

.......For the appellants.

Ms. Shahida Khatoon, D.A.G with Ms. Sabina Perven, A.A.G with Ms. Kohenoor Akter, A.A.G.

.... For the respondent.

Heard on 09.06.2024, 10.06.2024 and Judgment on 12.06.2024.

This criminal appeal at the instance of convict appellant, Abdul Halim and another is directed against the judgment and order of conviction and sentence dated 25.09.2014 passed by the learned Judge, Special Tribunal No.5, Mymensingh in Special Tribunal Case No. 51 of 2007 arising out of G.R No. 223 of 2007 corresponding to Kotwali Police Station Case No. 85 dated 30.03.2007 convicting the accused-appellants

under section 19(f) of the Arms Act, 1974 and sentencing them thereunder to suffer rigorous imprisonment for a period of 7(seven) years and to pay a fine of Taka 5,000/- (five thousand) in default to suffer simple imprisonment for 06(six) months more each.

The prosecution case, in short, is that one, Md. Lutfor Rahman as informant on 30.03.2007 at about 16:20 hours lodged an Ejahar with Kotwali Police Station against the accused appellants and others stating, inter-alia, that while the informant and another as passengers of rickshaw reached near about Ranakhali bridge saw 3/4 persons being armed with Dao, Churi, Dagger etc. were standing on the bridge for robbery or dacoity and thus the informant raised hue and cry and then witnesses came to the place of occurrence and caught-hold of 3 accused persons and thereafter the informant informed the matter to local chairman over mobile phone. Thereafter, the local chairman informed the matter to kotwali police station and accordingly police came to the place of occurrence and arrested the accused persons and seized those articles by preparing seizure list in presence of the witnesses.

Upon the aforesaid First Information Report, Kotwali Police Station Case No. 85 dated 30.03.2007 was started against the accused appellants and 2 others under section 19(A) of the Arms Act, 1878.

Police after completion of investigation submitted charge sheet against the accused-appellants and another being charge sheet No. 244 dated 18.04.2007 under section 19(A) of the Arms, 1878.

Thereafter, the case was transmitted to the Court of the learned Special Tribunal No.1, Mymensing wherein the same was registered as Special Tribunal Case No. 51 of 2007. Ultimately, the case was transmitted to the learned Judge, Special Tribunal No.5, Mymensingh for trial before whom the present accused-appellants were put on trial to answer a charge under section 19(f) of the Arms Act, 1878 to which the accused appellants pleaded not guilty and claimed to be tried stating that they have been falsely implicated in this case.

At the trial the prosecution examined as many as 7 witnesses out of 11 charge sheeted witnesses, while the defence examined none. The defence case, from the trend of cross-examination of the prosecution witnesses and examination of the appellant and another under section 342 of the Code of Criminal Procedure appeared to be that the accused-appellants are innocent and they have been falsely implicated in the case.

On conclusion of trial, the learned Judge, Special Tribunal No.5, Mymensingh by the impugned judgment and order dated 25.09.2014 found the accused appellant guilty under section 19(f) of the Arms Act, 1878 and sentenced them thereunder to suffer rigorous imprisonment for a period of 7(seven) years and to pay a fine of Taka 5,000/- (five thousand) in default to suffer simple imprisonment for 06(six) months more.

Being aggrieved by the aforesaid impugned judgment and order of conviction and sentence dated 25.09.2014, the accused-appellants preferred this criminal appeal.

Mr. Kazi Akbar Ali, the learned Advocate appearing for the convict-appellants in the course of argu