IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CRIMINAL REVISIONAL JURISDICTION) Present:

Mr. Justice Md. Shohrowardi

Criminal Revision No. 01 of 2018 Md. Jalal

…….Convict Petitioner -versus-

The State

…….Opposite Party

Mr. Md. Kamrul Islam, Advocate

…. For the convict petitioner Mr. Md. Shahidul Islam, AAG with Ms. Sharmin Hamid, AAG

….For the State

Heard on 11.11.2024

Judgment delivered on 14.11.2024

On an application filed under section 439 read with section 535 of the Code of Criminal Procedure, 1898 Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 07.03.2017 passed by the Additional Sessions Judge (In-charge), Court No.2, Chattagram in Criminal Appeal No. 368 of 2015 affirming those dated 17.08.2017 passed by the Metropolitan Magistrate, Court No. 3, Chittagong in G.R. Case No. 550 of 2009 corresponding Bakulia Police Station Case No.08(6)2009 convicting the petitioner under section 324 of the Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for 1(one) year and 6(six) months 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 on 12.06.2009 at 10.30 am P.W. 1 Abdur Rahman started from his house and when he reached in front of the house of the accused persons namely, 1. Md. Jalal 2. Md. Jamal and 3. Md. Nur, they encircled him and started scolding him with filthy language and threatened him with dear consequences if he brought the rod, bricks, sand and cement materials through the road of the accused. At that time, other accused persons remained in hiding armed with lathi and started beating him indiscriminately. At one point in time, accused Md. Jalal went to his house running and brought a sharp knife and dealt a knife blow to the left side of his chest which caused grievous bleeding injury. Subsequently, his son Amran and nephew Nur Alam hearing about the occurrence came to the place of occurrence and took him to Chattogram Medical College Hospital.

Police took up an investigation of the case and during the investigation, the investigating officer visited the place of occurrence, prepared the sketch map and index, and recorded the statement of witnesses under section 161 of the Code of Criminal Procedure, 1898 and after completing the investigation submitted charge sheet on 25.07.2009 against the accused Md. Jalal, Md. Jamal and Md. Nur under sections 341/323/324/506 of the Penal Code, 1860. The case record was sent on 18.03.2010 to the Metropolitan Magistrate, Court No. 3, Chattogram for trial and disposal of the case. During trial, charge was framed against the accused Md. Jalal under sections 341/324//506 of the Penal Code, 1860 and accused Md. Jamal and Md. Nur under section 323 of the Penal Code, 1860 which was read over and explained to them and they pleaded not guilty to the charge and claimed to be tried following law.

The prosecution examined 06 witnesses to prove the charge against the accused. After examination of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure, 1898 and they declined to adduce any DW. After concluding the trial, the trial court by impugned judgment and order dated 17.08.2015 convicted the accused Md. Jalal under section 324 of the Penal Code, 1860 and sentenced to suffer rigorous imprisonment for 01 year and 06 months and acquitted accused Md. Jamal and accused Md. Nur from the charge framed against them. Against the said judgment and order the accused Md. Jalal filed the Criminal Appeal No. 368 of 2015 before the Metropolitan Sessions Judge, Chattogram which was heard by Metropolitan Additional Sessions Judge, Court No. 2, Chattogram. After hearing the appeal, the appellate court below by impugned judgment and order affirmed the judgment and order passed