Present

Mr. Justice Sheikh Abdul Awal

Criminal Revision No. 767 of 2020

Shaheb Ali

................Convict-Petitioner. -Versus-

The State.

.....Opposite party.

Ms. Lucky Ahmed, Advocate

.....For the Petitioner.

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

Ms. Kohenoor Akter, A.A.G.

......... For the Opposite party.

Heard on 28.02.2024, 03.03.2024 and Judgment on 05.03.2024

Sheikh Abdul Awal, J:

This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 05.08.2019 passed by the learned Sessions Judge, Chandpur in Criminal Appeal No. 129 of 2015 affirming the judgment and order of conviction and sentence dated 22.12.2015 passed by the learned Senior Judicial Magistrate, 4th Court, Chandpur in G.R No. 85 of 2008 (Matlob Uttar) corresponding to Matlob

Uttar Police Station Case No. 01 dated 05.10.2008 convicting the petitioner under section 324 of the Penal Code, 1860 and sentencing him thereunder to suffer rigorous imprisonment for a period of 1(one) year and to pay a fine of Taka 5,000/- (five thousand) in default to suffer simple imprisonment for a period of 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 brief fact relevant for disposal of this Rule is that on 05.10.2008 one, Kohinur Begum, wife of Siraj Bepary as informant lodged an Ejahar with Matlob Uttar police station against the convict petitioner and 3 others under section 447/324/323/379/506 of the Penal Code stating, inter-alia, that the informant and the accused persons are the same villagers, out of previous enmity on 18.08.2008 at night 9 O’clock the accused persons being armed with deadly weapons came to the house of informant and attacked the informant’s husband named Siraj Bepary while the informant tried to rescue her husband and then the accused Shaheb Ali dealt a shabol blow on left side of her forehead resulting she sustained serious bleeding injury and thereafter, other accused persons gave blows and kicks on her body and thereafter, accused Rokeya snatched away a gold chain from her neck weighing 1 vory, valued at Taka 24,000/-. Thereafter, accused persons chased her husband to kill him while local people rescued him and thereafter, the accused persons left the place of occurrence by saying that they will set fire to the informant’s house and also kill them. In this backdrop, local people took the victim in local hospital and thereafter, the informant party discussed the matter with each other and lodged the case annexing medical certificate. It has been also stated in the first information report that delay has been caused in filing the case due to the fact the local people tried to settle the dispute in a vain.

Upon the aforesaid first information report Matlob Uttar Police Station Case No. 01 dated 05.10.2008 under sections 447/324/323/379/506 of the Penal Code was started against the accused petitioner and 3 others.

Police after completion of usual investigation submitted charge sheet No. 78 dated 30.10.2008 under sections 447/324/323/379/506 of the Penal Code against the accused-petitioner and 2 others.

Ultimately, the accused persons were put on trial before the Judicial Magistrate, 4th Court, Chandpur to

answer the charge under sections 447/324/323/379/506 of the Penal Code in which the accused-petitioner and others pleaded not guilty and claimed to be tried stating that they have been falsely implicated in this case out of previous enmity with the informant party.

At the trial, the prosecution side examined as many as 7(seven) witnesses to prove its case, while the defence examined none. The defence case, from the trend of cross-examination of the prosecution witnesses and examination of the accused persons under section 342 of the Code of Criminal Procedure appeared to be that the convict-petitioner and others were innocent and they have been falsely implicated in the case out of