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Special Tribunal Judge
Court, Gazipur.
Special
Tribunal Case No. 296/03
State
---------------------------------------
Plaintiff
Versus
Khayrul
Alam & others
----------------------- Accused
Date of Order Order Signature
8/4/04
|
Today is fixed in the hearing of complain and
attendance of the absconding accused. Total number of the accused in the said
case are 5. Accused Belayet Hossain is on bail. Today present accused (1)
Khayrul Alam (2) Md. Abdul (3) Ahmed Hossain (4) Akber Hossain have been
absconding from the beginning. Paper advertisement issued against them
meanwhile have been published. Daily paper cuttings are in the record.
Heard Learned P.P. on behalf of the State.
Heard the Learned Prosecutor on behalf of accused Belayet Hossain. Reviewed
the papers. It is found in the review of the papers there are crime according
to Arms Act 19 (Ka) & (Cha) of
1878. By analyzing surrounding of the case charge formed against the accused
(1) Khairul Alam, (2) Md. Abdul, (3) Ahmed Hossain, (4) Akber Hossain, (5)
Belayet Hossain according to Section 19 (Ka) & (Cha) of the Arms Act of
1878. Accused Belayet Hossain is
Contd. P/2
Page – 2
Present.
When the charge are read against him he claims himself as innocent and
seek justice. 4 accused being
absconding they are not informed of their charge by reading. Warrant of
arrest, confiscation of property and Hulia are issued.
Sd/- Abu Taleb
Special Tribunal Judge
Court No. 4, Gazipur.
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2275
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Govt. of the People’s Republic of Bangladesh
Additional
Magistrate Court
Gazipur.
Daily Ittefaq, 1st January 2004, 18 Poish, 8
Zilqad, Thursday.
To my mind it is believes that the following absconding
accused willingly avoiding the arrest.
There is no possibility to arrest them at all. The accused being
willingly absconding there is no possibility to accelerate the judgement.
In this circumstances according to Section 332(2)
of the Criminal Panel Code it is decided to try them in their absence. The following accuseds have been directed to
present in the concerned court within next 15 days. Otherwise they will be
tried in their absence. This notification is issued in the public interest.
Sl. No.
|
Name & Address of the Accused |
Statement of Suit |
1.
|
Khayrul Alam S/o. Wazuddin,
Vill. Iswarepur, P.S. Kaligonj, Dist. Gazipur.
|
G. R. No. 228/2001
Ref. No. Kaligonj P.S. Case No. 22,
Dated – 30/06/2001
3/4 of inflammable goods of 1908.
|
2.
|
Md. Abdul S/o. Mozaffar Ali,
Vill. Iswarepur, P.S. Kaligonj, Dist. Gazipur.
|
|
3.
|
Ahmed Hossain S/o. Rajab Ali,
Vill. Iswarepur, P.S. Kaligonj, Dist.
Gazipur.
|
|
4.
|
Ahmed Hossain S/o. Rajab Ali,
Vill. Iswarepur, P.S. Kaligonj, Dist.
Gazipur.
|
|
5.
|
Ahamodul Kabir, S/o. Rahim Bepari
Vill. Bahadurshadi, P.S. Kaligonj,
Dist. Gazipur.
|
|
6.
|
1st.
Razzak, S/o.
Elahi Box
Vill. Dakhin Bag, P.S. Kaligonj,
Dist. Gazipur.
|
|
7.
|
Imam Uddin, S/o. Sadek Ali
Vill. Dakhin Bag, P.S. Kaligonj, Dist. Gazipur.
|
|
8.
|
Emdad Hossain, S/o. Abdul Ali
Vill. Jamalpur, P.S. Kaligonj, Dist. Gazipur.
|
|
9.
|
Siraj Uddin, S/o. Abdul Mia
Vill. Bashair, P.S. Kaligonj, Dist. Gazipur.
|
|
Contd. P-2
Page-2
The following accused person of the said case are hereby
directed to present in Learned Special Tribunal Judge Court No. 4 within 15
days of issue this advertisement are to said concerned court.
Sd/- Illegible
Additional District
Magistrate
Gazipur.
|
Sd/- Illegible
Additional District
Magistrate
Office of the Deputy
Commissioner
Gazipur.
|
Sd/- Illegible
Typist- Abul Hasem
Khan
19/5/2004
I have compared it
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FIRST INFORMATION REPORT
Upazila- Kaligonj Dist.
Gazipur
No.- 7, Date and time of occurrence: 10/03/2002 approximately at 4.00
p.m.
Date of
Submission: 10/03/2002
20.45 p.m.
Place of occurrence, distance from police station side and jurisdiction
area No. Kaligonj, Ghorashal Road,
Dewpara Mouja and Village, Union – Kaligonj,
No. –6 Approximately 6 Kilometer from P.S. at East side.
Date and
time of sendign from Police station: 11/03/2002
08.00 M.
Name and
address of the informer:
ABDUL RAHIM, S/o. Saheb Ali of Vill.
Bahadurshadi, P.S. Kaligonj, Dist. Gazipur, General Secretary, Bangladesh
Jatiyatabadi Chhatra Dal, Bahadurshadi Union Chhatra Dal, P.S. Kaligonj, Dist.
Gazipur.
Name and
address of the Accused:
(1)
Khayrul Alam, S/o. Late Wazuddin, (2) Md. Abdul, S/o. Mozaffar Ali, (3) Ahmmed
Hossain, S/o. Rajab Ali all of Village – Ishawarepur, P.S. Kaligonj, Dist.
Gazipur (4) Akbar Hossain, S/o. Raham Ali, (5) Belayat Hossain, S/o. Karim
Bepari all of Village – Bahadurshadi, P.S. Kaligonj, Dist. Gazipur.
Sections
with brief description of the looted Goods:
Section 19 (Ka) and (Cha) of the Arm Act of 1878 crime to keep illegal
Arms without license.
Contd. P-2
Page-2
Activities
to conduct investigation and excuse to information in delay:
File case by treating the application on Ejhar as on duty officer being
received the written application of the Plaitiff. Receipt the note in the
Khatian, the officer will taken action for charge investigation.
Sd/- Illegible
S.I
Kaligonj P.S; Gazipur
The written application of the Plaintiff will be treated as Ejhar and
filed as regular
Sd/- Illegible
S.I
Kaligonj P.S; Gazipur
Sd/- Illegible
Typist- Abul Hasem Khan
19/5/2004
I have compared it
Sd/- Rokeya Begum
Compared Assistant
True Copy Section, Gazipur
19/5/04 A.D.
Contd. P-3
Page-3
To
Officer
Incharge
Kaligonj
Police Station, Kaligonj
Subject: On
Ejahar.
Mr.
I,
beg to state that, I Md. Abdur Rahim, S/o. Saheb Ali, Village- Bahadurshadi,
P.S. Kaligonj, Dist. Gazipur to day is hereby file Ejahar to your police
station that I am the General Secretary of Bangladesh Jatiatabadi Chhatra Dal,
Bahadurshadi Union Chhatra Dal Unit. To day on 10/03/02 at about approximately
at 4 p.m. when on the way of Dhaka by bus from Dhaka
reached Dewpara wc challenged accused Belayet Hossain on suspicion after
aboarding in the bus. Of our Challenging when Belayet Hossain tried to come
down from the bus I and my accompanying person caught him and sharched him hand
beg and recovered five arms. In the magazine of that fire arms of the accused we
found that, in the said magazine of the arms there are six round of cartize.
When the accused was asked the accused Belayet Hossain informed that, (1)
Accessed Khairul Alam, S/o. Late Wazuddin, (2) Md. Abdul, S/o. Mozaffar Ali (3)
Ahmmed Hossain, S/o. Rajab Ali, Village – Isawrepur, (4) Akbar Hossain, S/o.
Raham Ali are the owner of the arms. They are present live at the Village of Bahadurashadi. The Accessed are the
Terrorist members o the Bangladesh Chhatra Samaj. We are politically come to
know that they are doing illegal activities with illegal arms.
Therefore,
we pray to you that necessary legal action against the accuseds by treating the
application in Ejahar and by accepting the application given by us and thereby
granting that application.
End, Date: 10/03/2002
Yours
Sincerely
Sd/-
Abdul Rahim
(Abdul
Rahim, S/o. Saheb Ali)
Village
– Bahadurshadi, P.S. Kaligonj
Dist.
Kaligonj, General Secretary,
Bangladesh Jatiyatabadi Chhatra Dal,
Bahadurshadi
Union Chhatra Dal.
Sd/- Illegible
Typist- Abul Hasem Khan
19/5/2004
I have compared it
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Complain Paper No. 340 Date:
05/12/2002
Section – 19 (Ka) And (Cha) of the Arms
Act. of 1878
Dist. Gazipur, Fixed dates for
judgement Court will decided.
P.S. Kaligonj, Primary information
report No. 7, Date: 10/03/2002
Name & profession of the accused or the name and address of the
informer:
Abdur Rahim, S/o. Saheb Ali, Village – Bahadurshadi, P.S.
Kaligonj, Dist. Gazipur, General Secretary, Bangladesh Jatiyatabadi Chhatra
Dal, Bahadurshadi Union Chhatra Dal, P.S. Kaligonj, Dist. Gazipur.
Name and address of the accessed person:
(1) Khayrul Alam, S/o. Late Wazuddin, (2) Md. Abdul, S/o.
Majaffar Ali (3) Ahmmed Hossian, S/o. Rajab Ali all of Vill. Iswarepur, P.S.
Kaligonj, Dist. Gazipur, (4) Akbar Hossain, S/o. Raham Ali (5) Belayet Hossain,
S/o. Karim Bepari, all of Vill. Bahadurshadi, P.S. Kaligonj, Dist. Gazipur.
Name and address of the accused for treat of Accused:
Belayet Hossain, S/o. Karim Bepari,. Village – Bahadurshadi,
P.S. kaligonj, Dist. Gazipur. have been hoarded over the Court by arresting him
on 10/03/2002.
Address and name of the person on bail:
Accessed No 1 to 4 have been absconding from the start. It is
not possible to arrest their. Being of possible to arrest them so warrant of
arrest confiscation of property Hulia against them are sought.
Contd. P-2
Page-2
Seized Symptoms:
1.
One Country made Pistol which is 12” long.
2.
One Country made Pipegun which is 22” long.
3.
80 Bullets of 303 Rifle.
4.
50 Bullets on used of Pistol.
Name and Address of the witnesses:
Plaintiff himself (2) Emdad Ali, S/o. Late Sofuruddin,
Village- Bahadurshadi, (3) Akkas Ali, S/o. Late Mofizuddin (4) Abed Ali, S/o.
Omer Ali, Village- Jamalpur (5) Delawar Hossain, S/o. Ahad Ali (6) Badal Mia, S/o.
Miazuddin, Village- Dewpara, P.S. Kaligonj, Dist. gazipur. (7) Md. Nizamuddin, S. I. kaligonj P.S; Dist. Gazipur, (8) Md. Belal Uddin
Police inspector and Arms expert C.I.D. Bangladesh, (9) Miss. Mafia Jaman,
Police inspector and Arms expert C.I.D. Bangladesh (10) Md. Ataur Rahman,
Police inspector, Kaligonj P.S; Dist. Gazipur. Requested to issue Summon on the
witnesses:
Operation of Case and result of investigation:
Brief description of the Ejahar of the said case is as
follows: Plaintiff/ Applicant of the Ejahar on 10/03/2002 when reached Deopara
on the way of Dhaka by bus from Ghorashal then the Accused Motahar Hossain got
in to the bus with hand beg the Plaintiff with the witnesses changed the
accused Balayet Hossain on suspicion and
caught the Accused Belayet Hossain. Then they recovered the started symptoms
and handed him over duty Officer. The duty officer taking the written complain
of the plaintiff file the case. by the order of the Officer in Charge I have
accepted the investigation of the case. Being received the report of Ballistic
expert when the result E/M of the
investigation was submitted to senior police officer and the learned Public
Prosecutor. They agreed with my investigation after that I submitted the
Kaligonj P.S. complain paper no. 340. Date 05/12/2002, Section 19 (Ka) and
(Cha) of Arms Act. of 1878. requested to issue Summon of Witnesses. The
witnesses will file case in the Court. The symptoms are in the Court.
|
Submitted by:
Md. Nizamuddin
S.I; Kaligonj P.S.
|
Bhorer Kagaj
Dated: 5 November,
Wednesday, 2003
Page – 8, Column – 3
As Badsha did not agree to do Chhatra Dal
he is out of his Village for 2 years
Magura Representative: As Badsha did not no agree to join
Jatiyatabadi Chhatra Dal local BNP workers forced him to leave his village. he
is the son of Ishaque Hossain of Gangulia village of Sadar Upazila.
The father of Badsha
complain to the local news reporters Badsha was involved in Chhatra League
politics at the time of studying in the Adarsha Degree College Magura. When the
came into power some workers of BNP pressed him to leave Chhatra League. Even
they threat of killing if he did not to do Chhatra Dal politics.
After this event Badsha
is out of the village for last 2 years. Badsha’s Father Ishaque Hossain informs
that after the above incident one day Badsha left home speaking about taking
food in the College, did not come back again.
Ishaque Hossain filed a
General Dairy at the Magura P.S. It is known.
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Learned Special Tribunal Judge Court,
Gazipur
Special Tribunal Case No. 276/2003
Section: - 3/4 Section inflammable Goods of 1908
State ----------------------------- Plaintiff
Versus
Khayrul Alam and others -
Accused
Present: Mr. Abu
Taleb
Special
Tribunal Judge,
Gazipur.
Date
of Order
Order
Signature
8/4/04
|
Today the date for
absconding accused attendance and for hearing of allegation is fixed. In this
case there are total 10 accused Abdul Kadir is on bail. Today present.
Accused No. 1 Khayrul Alam (2) Md. Abdul (3) Ahmed Hossain (4) Akber Hossain
(5) Ahmedul Karim (6) Abdur Razzaque (7) Imamuddin (8) Emdad Hossain (9)
Serajul Islam have been absconding from the beginning the issued
advertisement against them has been published before. Which is in the Daily
News Papers are included. In favour of the state the Learned P. P. is heard.
The Learned Lawyer of Abdul is heard. The file is reviewed . It is seen in
the review of file it is seen that there is noted offence against the accused
persons under Section ¾ of Inflammable goods Act of 1908. At the explanation
of the situation of the case accused
Contd. P/2
Page
– 2
(1) Khayrul Alam (2) Md. Abdul (3) Ahmed
Hossain (4) Akber Hossain (5) Ahmedul Karim (6) Abrur Razzaque (7) Imamuddin
(8) Emdad Hossain (9) Abdul Kadir (10) Serajuddin are charged. With Section 3/4of the inflammable goods
Act of 1908. Accused Abdul Kadir is
present and other 9 are absent. Accused Abdul Kadir claimed him as innocent
and sought for trail. Warrant of arrest , seize of goods and issue of
circular is done again.
Sd/-
Abu Taleb
Special Tribunal Judge Court No. 4
Gazipur
.
|
Sd/- Illegible
Typist- Abul Hasem
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19/5/2004
I have compared it
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Gazipur
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“ First Information Report”
Upazila – Kaligonj Dist.
Gazipur
No. 22 Time and date of occurrence
– 22/06/2001 at about 12 noon
Submission
date and time : 20/06/2001
16.45
Place of occurrence,
distance from the police station direction and under the responsible area:
Kaligonj via Gorashal, Khalapara village
of Jamalpur Road at about 12.00 noon, Mouza
Khalapara Union- Bahadurshadi No. 2, distrance from Police Station about 6 K.M.
east.
Sending date and time from the Police Station: 23/06/2001
08.00 hrs.
Name &
address of informer:
Abdur Rahim S/o. Saheb Ali, Vill. Bahadurshadi, Police Station
– Kaligonj, Dist. Gazipur, General Secretary, Bangladesh Nationalist Chhatra
Dal, Bahadurshadi Union Chhatra Dal, Police Station – Kaligonj, Dist. Gazipur.
Names & addresses of the accused persons:
(1)
Khayrul Alam S/o. Late Wazuddin, Villa. Iswarepur, Police
Station – Kaligonj, Gazipur.
(2)
Md. Abdul S/o. Late Mozaffar Ali, Villa. Iswarepur,
Police Station – Kaligonj, Gazipur.
(3)
Ahmed Hossain S/o. Rajab Ali, Villa. Iswarepur, Police
Station – Kaligonj, Gazipur.
(4)
Akber Hossain S/o. Raham Ali, Villa. Bahadurshadi, Police
Station – Kaligonj, Gazipur.
(5)
Ahmedul Karim S/o. Rahim Bepari, Villa. Bahadurshadi,
Police Station – Kaligonj, Gazipur.
(6)
A. Razzaque S/o. Elahi Box, Villa. Dakuin Bag, Police
Station – Kaligonj, Gazipur.
Contd. P/2
Page – 2
(7)
Imamuddin S/o. Sadek Ali, Villa. Dakuin Bag, Police Station
– Kaligonj, Gazipur.
(8)
Emdad Hossain S/o. Abdul Ali, Villa. Jamalpur, Police
Station – Kaligonj, Gazipur.
(9)
A. Kadir S/o. Abul Hossain, Villa. Jamalpur, Police Station
– Kaligonj, Gazipur.
(10)
Serajuddin S/o. Abdul Mia, Villa. Bashair, Police Station –
Kaligonj, Gazipur.
The complain of keeping
illegal fire arms among themselves and fighting.
The particulars of looted goods in brief with
sections.
Under Section 3/4 of
inflammable goods of 1908. The offence of killing and wounding with illegal
fire arms in the party procession.
Explanation
of late inquiry and late record of information .
On received of the plaintiff written application I
started case considering it as an Ejahar.
Case is started. Noted in the register/Khatian. The
officer in charge shall arrange for investigation.
Sd/- Illegible
S. I, Kaligonj P.S.
Gazipur.
The written application of the plaintiff is
considered as an Ejahar and started a regular case.
Sd/- Illegible
S.
I, Kaligonj P.S.
Gazipur.
Page
– 3
To,
The Officer in Charge
Kaligonj Police Station,
Gazipur.
Subject: Regarding
Ejahar.
Dear Sir,
I beg to inform you that I Abdur Rahim
S/o. Shaheb Ali, Vill. Bahadurshadi, Police Station – Kaligonj, Dist. Gazipur,
General Secretary, Bangladesh Nationalist Party Chhatra Dal, Bahadurshadi Union
Chhatra Dal, Police Station – Kaligonj, Dist. Gazipur today I am submitting
this application that,
Bangladesh Nationalist Party Chhatra Dal,
Bahadurshadi Union Chhatra Dal for their Pre-Fixed Procession against terrorism
declared a day. According to declaration on 20/06/2001 the procession took
place. When the procession was heading towards Kaligonh Upazila from Jamalpur
Bazar when the procession reached near to Khalapara Primary School
then with the direction and leadership of Organizing Secretary of Chhatra Samaj Khayrul Alam S/o. Late
Wazuddin, Vill. Iswarepur attacked the procession with local made cocktail, 303
Rifle and different fire arms. By the direction of the Organizing Secretary of
Chhatra Samaj (1) Khayrul Alam (2) Md.
Abdul S/o. Late Mozaffar Ali, Vill. Iswarepur, (3) Ahmed Hossain S/o. Rajab Ali
(4) Akber Hossain S/o. Raham Ali, Vill. Bahadurshadi (5) Ahmedul Karim S/o.
Rahim Bepari, Vill. Bahadurshadi (6) A. Razzaque S/o. Elahi Box, Vill. Dakuin
Bag (7) Imamuddin S/o. Sadek Ali, Vill. Jamalpur (8) Emdad Hossain S/o. Abdul
Ali, Vill. Jamalpur (9) Abdul Kadir S/o. Abul Hossain, Vill. Jamalpur (10)
Serajuddin S/o. Abul Mia, Vill. Bashir, P.S. for all Kaligonj, Gazipurwhen
thrown cocktail on the procession left and right the victim Md. Shahin Miah
S/o. Elahi Box, victim Md. Anowar Hossain S/o. Motaleb Miah, Vill. Khalapara,
victim Sayed Ali S/o. A. Karim, Vill. Bashair, victim – Abed Ali S/o. A. Jalil,
Vill. Golartek, Victim Arshad Ali, S/o. Motur Rahman, Village Kholapara,
Victim- Saheb Ali, Son of- Jagangir Hossain, Village _ Bashail, P.S Kaligonj, Dist.
Gazipur, where seriously wounded due to breast of Cocktail. On the hue and cry
of the wounded when the people of surrounding areas were gathering and the
victims tried to flee from the place of occurrence accused when stated firing
at random some victims were shot at.
Contd.
P-4
Page-4
After the Terrorist
accused persons left with half of local people. We got the victim admitted at
the Kaligonj Upazila Health Complex and when their position were serious the
Hospital authority sent them to gazipur Sadar Hospital.
The wounded victim was same Gazipur Hopital with Ambulance and admitted them
their condition presently is critical.
I, therefore Pray that the Ejahar is filed on
inquiry and arrangement is made to arrest the culprits and to take punishable action
against them.
Sd/-
Illegible
Typist-
Abul Hasem Khan
|
I
have compared it
Sd/-
Rokeya Begum
Compared
Assistant
True
Copy Section, Gazipur
19/5/04
A.D.
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