In The Supreme Court of Bangladesh

High Court Division (Criminal Revisional Jurisdiction)

PRESENT:

MR. JUSTICE MD. SHOHROWARDI

CRIMINAL REVISION NO. 1709 OF 2017

Md. Izal Uddin Master and others

…….. Convict-petitioner. -Versus-

The State and others

……… Opposite party

Mr . Kazi Akbar Ali, Advocate

………...For the convict petitioner. Mr. Golam Mostofa Tara, DAG with

Mr. A. Monnan, AAG

….For the State

Mr. Md. Ashfakuzzoha, Advocate

……For the Opposite party.

Heard on 16.11.2023, 29.11.2023, 03.12.2023 Judgment delivered on 13.12.2023

MD. SHOHROWARDI, J.

This Rule under section 439 of the Code of Criminal Procedure, 1898 was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 21.05.2017 passed by the Additional Sessions Judge, Court No.1, Jhenaidah, in Criminal Appeal No.99 of 2013 affirming those dated 17.09.2013 passed by the Chief Judicial Magistrate, Jhenaidah in G.R. No.36 of 2011 arising out of Harinakundu Police Station Case No.9 dated 18.03.2011 convicting the appellant Md. Izal Uddin Master under section 325 of the Penal Code, 1860 and sentencing him thereunder to suffer rigorous imprisonment for 2(two) years and to pay a fine of Tk.2,000, in default, to suffer simple imprisonment for 2(two) months and convicting the appellant Nurul Islam Mondal @ Islam Mondal, Md. Atiar Rahman @ Chite and

Md. Delwar Hossain under section 323 of the Penal Code, 1860 and sentencing them to suffer rigorous imprisonment for 6(six) months and to pay a fine of Tk.500, in default, to suffer simple imprisonment for 1(one) month more should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

The prosecution case, in short, is that P.W. 1 Md. Mahabubur Rahman Rashid (Alok) along with his brother P.W. 8 Md. Mahabubur Rahman Tota were returning home after cultivating their land at Jamlakutir. While they were crossing the land of accused Izal Uddin Master, the accused persons Nos. 1. Izal Uddin Master 2. Nurul Islam Mondal @ Islam Mondal 3. Md. Atiar Rahman @ Chite and 4. Md. Delwar Hossain were hiding in the field. Suddenly accused Izal Uddin Mater started roaring telling others to catch them. Instantaneously, accused Izal Uddin Master dealt a lathi blow beside the neck of the informant P.W.1. Consequently he fell on the ground. After that, Islam Mondol, Ikhtiar @ Ikti, Atiar @ Chite and Delwar started beating P.W. 1. The accused Atiar @ Chite caused injuries on the leg and different parts of the body of the informant P.W.1 which caused bleeding injuries. The accused Delwar caused injury on the head of P.W.1. Consequently, the informant lost his sense and the accused persons caused indiscriminate blows to different parts of his body. While the accused Izal Uddin Master and accused Islam attempted to kill P.W. 1, his brother P.W. 8 Md. Mahabubur Rahman Tota tried to save P.W.1. At that time, Izal Uddin Master dealt a lathi blow which caused injury on the left hand of P.W. 8 Md. Mahbubur Rahman Tota. Consequently, the bone of the left hand was broken. After that, the accused Ikhtiar again caused injury to the same hand. The accused Islam caused injury on the back of the right leg of P.W. 8 Md. Mahbubur Rahman Tota. The accused Izal Uddin and accused Islam attempted to kill Tota. The accused Delwar, Ikhtiar caused indiscriminate blows on the body of the Tota. Sensing the death of the victims, the accused persons fled away. The father of the informant Md. Mafiz Uddin was working near the place of occurrence and he also witnessed the occurrence. While Md. Mafiz Uddin came to the place of occurrence, the accus