Bangladesh Form no- 3905
High court criminal process no- 12
Government
of the People’s Republic of Bangladesh
District-
Habiganj
Daira
Judge court, Habiganj
Daira
case no- 55/08
G.
R no- 160/06
Reference-
Lakhai police station case no- 15/06 Date- 30/10/2006 AD
Sections-
302/34 to be seen
Plaintiff/ state VS Md.
Shaheen Mia Gang
....................
Defendant/ Complaint
Decree
of the case
District-
Habiganj
Mokam-
Habiganj district and daira judge court, Habiganj.
Present-
Mr Mirhazul Rahman Chowdhury (Justice)
Habiganj
district and daira judge court, Habiganj
Daira
case no- 55/2008 AD
G.
R case no- 160/06
Complain
letter no- 20/07
Police
station case no- 15, Date- 30/10/2006 AD
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No- 2
Bangladesh
Duplicate Stamp
Two
Taka
For
long days as because of his involvement with the politics taking notorious men
was involved with the different crimes. Against them showing fear of the
innocent people of the area making them helpless there has clearly proved. In
addition at the time of different political meeting procession creating terror
as there has been found proves against him. Basically, the incident of the
killing as the part of their mentioned crime the man killing incident has been
happened. In the mentioned case no 5 complaint Md. Rahman Mia most of the time
with his assistant taking the complaints used to create terror and different types
of receiving force donation. At the time of mentioned incident meaning dated
28/10/2006 AD at around 4.30 PM in the evening regarding the political
aggression of local B.N.P as the cruelty in al level after the debate of
talking and conflicts they have mutually involved with the conflicts. Both of
the victims as went to the hospital the doctor in duty has declared the no 1
victim as dead and no 2 victim has got dead in the hospital as was in
treatment.
Total
complaints are 20 people among them 3 complaints are in fled. Rests of the
complaints are present in the court.
The
statement of the plaintiff party:
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By
the influence of the expansion of local politics the mentioned complaints to harass
them politically in those false cases he has been made complaint in that case.
The witnesses in this case the witness has been given in this learned court
that in the questioning there has been found enough mismatching. The sign of
the case as presented in the learned court that has not preserved at all.
Though in the column of sign the blooded soil and the blooded cloths have been
seized regarding that C/ S has mentioned. In addition in the post mortem report
the exact reason of the death regarding that no clear statement of the doctor
has been found. The case no 5 complaint Md. Rahman Mia as the social service
activities to make proved principally he has been involved in this killing
incident. So the learned lawyer of the complaint party no 5 complaint has been
applied exempt from the liability of this false case.
Investigation
and justice activity
The
investigation officer of the case Lakhai police station S. I Khalil Ahmed as
investigating the case and ending the investigation activity last dated
05/03/2007 AD against the complain description complaints as per the section
no- 302/34 to be seen in the learned court the charge sheet has been submitted
the learned senior magistrate amal court- 1 the case is received and civil
activity regulation 200 (C. C) ending the necessary activity for resolving the
case the case is sent to the court in judged in Habiganj district and daira
judge court.
The
learned court as per law the justice of the case has started. At the time of starting
the justice activity the arrested complaints were present and to make the fled
present in the court as per civil activity regulation in section no- 87
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No- 4
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30
days notice has been ruled. Within 30 days the fled complaints as failed to
present in that court against them as per section no- 88 of civil activity
regulation the crock warrant is ruled and in the absence of the complaints as
per section no- 339 (B) 1 of civil activity regulation in their absence the
justice work is operated. The present state party the complaints their lawyer,
fled complaint lawyer, primary speech of the description case, police submitted
complain, as observing against the complaints in Bangladesh penalty section as
per section 302/34 to be seen last dated 07/08/2001 AD the complain is made.
The state party against the complaints the brought complains in the court to
prove total 15 witnesses has given becoming present with witness in the court.
The
state party after the ending of the witnesses the present complaint is examined
as per section no- 342 of civil activity regulation of law. The present all of
the complaint is claimed themselves as innocent. The state party witnesses the
complaint party is questioned by the lawyer.
Then
both of the parties among the lawyers as per section no- 265 is hold in the
debate programs.
The
state party has presented the debate claiming crime in the court against the
complaints. They have claimed the incident of the case as false story. They
have presented some of the documents as prove of the good character of the
complaints.
The signs:
The dead body
and blooded cloths.
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The
subject of justice:
1. Sign
2. Police
report mentioned date and time whether there has been found any such types of
incident?
3. The
mentioned complaints in the charge sheet whether is involved in that attack?
4. Whether
the complaints are involved with the terrorist activity?
5. Whether
the crime incident is in the level of mentioned crime?
6. Whether
the given witness of the witnesses is proved against the complaints?
The
voice record of witnesses:
P.W-
1
Layek
Ahmed, Father- Sharif Uddin, Village- Bamei, Police Station- Lkhai, District-
Habiganj, he is the plaintiff in the description of the case. He has becoming
present in the court in support of the description of the case in appropriately
the witness has been given. In questioning of the complaint party no types of
mismatching has been found.
P.W-
2
Jamil
Hossen, Father- Late Amir Hossen, Village- Bamei, Police Station- Lakhai,
District- Habiganj, he is the plaintiff in the description of the case. He has
becoming present in the court against the complaints in complain the witness
has been given. Lawyer of the state party in the questioning of the no 2
witness no other types of mismatching has been found.
P.W-
3
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Amir
Uddin, Father- Layek Ahmed, Village- Bamei, Police Station- Lakhai, District-
Habiganj, he is the plaintiff in the description of the case. He has as
becoming present in the court in support of the description of case the witness
has been given. In questioning of the complaint party no mismatching has been
found.
P.W-
4
Tareque
Ahmed, Father- Sharif Uddin, Village- Bamei, Polcie Station- Lhai, District-
Habiganj, he is the plaintiff in the description of the case of the case. He
has becoming present in the court the witness has been given statement that, he
has seen the incident from a little away directly. The complain of the
description of the case is right. In questioning the learned lawyer of the
complaint party no exception has been done.
P.W-
5
Shakil
Mia, Father- Khairul Alam, Village- Bamei, Police Station- Lakhai, District-
Habiganj, he is the palintiff in the description of the case of the case. He
has becoming present in the court the witness has been given statement that, he
has seen the incident from a little away directly he has taken both of the
victims in the hospital. The complain of the description of the case is right.
In questioning the learned lawyer of the complaint party no exception has been
done.
P.W-
6
Linkon
Mia, Father- Feroz Mia, Village- Bamei, Police Station- Lakhai, District-
Habiganj, he is the palintiff in the description of the case of the case. He
has becoming present in the court the witness has been given statement that, he
has seen the incident from a little away directly he has taken both of the
victims in the hospital. The complain of the description of the case is right.
In questioning the learned lawyer of the complaint party no exception has been
done. The description of the complain is right. In questioning of the the state
party learned lawyer no exception has been done.
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P.W-
7
Touhid
Mia, Father- Rafique Mia, Village- Bamei, Police Station- Lakhai, District-
Habiganj, he is the palintiff in the description of the case of the case. He
has becoming present in the court the witness has been given statement that, he
has seen the incident who have attacked whom that has been told clearly. The
complain of the description of the case is right. In questioning the learned
lawyer of the complaint party no exception has been done.
P.W-
8
Kang
333 Siddique Mia, Police Station- Lakhai, District- Habiganj, at present Police
Station- Azmiriganj, District- Habiganj. He has taken both of the victims to
the Habiganj City Modern Hospital for the post mortem. After the post mortem
taking the dead body he has returned to the police station. The complaint party
has no any questioning.
P.W-
9, P.W- 10, P.W- 11 witnesses has given witness as per the voice record of the
P.W- 8. The complaint party has no any questioning.
P.W-
12
S.
I Sharif Thakur, the investigation officer he has becoming present in the court
the witness has given regarding that, he is receiving the duty of the
investigation of the case has visited the incident place physically and seen
the post mortem report. The draft map of the incident place has been drawn. The
seized signs has been examined and the voice record of the witnesses has been
written as per section no- 161 of civil activity laws. The case he has
investigated publicly and secretly and arresting some of the complaints has
sent to the learned court. Dividing all the information against all of the
complaints bringing the clear complains justice claimed.
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P.W-
13
Dr
Shawkatul Ambia, medical officer, Habiganj City Modern Hospital, Habiganj, Post
Office- Habiganj, Police Station and District- Habiganj, he has given witness
becoming present in the court that, he was in duty bringing both of the victims
in the hospital he has found himself as dead as examined everything. In their
physical head, chest and different places of the body has seen the blooded injuries.
Later post mortem of both of the victims is accomplished.
P.
M report is written in his hand and the reason of death is mentioned as telling
both of the victims has got dead as because of the hitting.
Order
After
receiving the witness of the state party as that has finished the observation
the court is taught that the subjects of the justice have been proved. The
complaint party lawyer has failed to explain the voice record. They have been
failed to prove that the complaints are not involved with incident. The
complaints as purposefully fled prove that, they are criminal. All of the
witnesses have specified the complaints as criminal. The complain against the
complaints has been proved ultimately. So they are eligible to get punished.
Therefore, the order is given that, as per section no- 302/34 of civil activity
law the killing incident of this killing case no 3 complaint Siddiqur Rahman,
no 5 complaint Rahman, against the no 7 complaint Jamal Mia the complain brought
has been proved without doubt the complaints Siddiqur Rahman and Jamal Mia with
giving imprison of 10 years to everyone 50,000/- (fifty thousands) taka is
fined if not paid 1 (one) year without labor imprison and the complaint Md.
Rahman Mia against him brought
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The
complain as proved without doubt he has been given lifetime imprison and
1,00,000/- (one lakhs) taka fine if not paid another 2 years of without labor
imprison is given. Against the other complaints as the crime has not proved
without doubt they have been given complete exemption from liability of the
case. The liability of the bail is given exemption from those who has bail.
I
am Mirhazul Rahman Chowdhury, the mentioned decree is declared in the court
becoming free from all of the influences in the learned Habiganj district and
daira judge court, Habiganj. The complaint in the case Siddqur Rahman Masum,
Md. Rahman Mia, Jamal Mia as is in fled against them there is to be issued
arrest warrant. If the fled complaints are arrested or if presented in the learned
court the punishment will be activate from that day. The complaints if get
punishment previously that will be adjusted.
As per order/
signature illegible
Date- 22/01/2015
AD
Mr Mirhazul
Rahman Chowdhury
Justice
Habiganj
district and daira judge court, Habiganj
