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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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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
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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
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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.

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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.


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Submitted by:
Md. Nizamuddin
S.I; Kaligonj P.S.
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               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 .



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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:


Text Box: Special Tribunal Case No. 276/2003
Special Tribunal Judge Court No. 4, Gazipur.
 
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
Certified to be a true copy
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Judge Court, Gazipur
Authorized under Section 76 as 1 of 1872.
 
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