DISTRICT: Barishal
IN
THE SUPREME COURT OF BANGLADESH
HIGH
COURT DIVISION
(CRIMINAL
APPELLATE JURISDICTION)
CRIMINAL
APPEAL NO. OF 2011
IN THE MATTER OF :
A petition of appeal under Section 410 of
the
Code of Criminal Procedure.
And
IN
THE MATTER OF :
1. A
2. B
3. C
4. D
5. E
All
sons of late X
of
Village:
Police
Station:
District:
Barishal
......
Convict-Appellants.
(In
Jail Custody)
-Versus-
The
State.
....... Respondent.
And
IN
THE MATTER OF :
Appeal against the judgment and order of
conviction dated 07.07.2011 passed by the
Learned Sessions Judge, Barishal in
Sessions
Case No.56 of 2011 convicting all 5 (five)
accused persons under
Section 302 read with
Section 34 of the Penal Code, and sentencing
them to
suffer imprisonment for life and each of
them to pay a fine of Tk.2,000/- (Two
thousand)
in default to suffer rigorous imprisonment for 3
(three) months more.
To
Mr. Justice Md.Muzammel Hossain, The Hon’ble Chief
Justice of Bangladesh and his Companion Justices of the said Hon’ble Court.
The humble petition on behalf of the
above named appellants most respectfully,
S H E W E T H :
1.
That this is an appeal against the judgment
and order of conviction dated 07.07.2011 passed by the Learned Sessions Judge,
Barishal in Sessions Case No.56 of 2011 convicting all 5 (five) accused persons
under Section 302 read with Section 34 of the Penal Code, and sentencing them
to suffer imprisonment for life and each of them to pay a fine of Tk.2,000/-
(Two thousand) in default to suffer rigorous imprisonment for 3 (three) months
more.
2.
That on ………. One Mr. L lodged an FIR in
Hijla P.S. against the appellants alleging inter alia that the accused- appellants
armed with deadly weapons formed an unlawful assemble and forcibly entered Z’s
plot and asked him to leave. But Z refused to do so and A, on its reply, gave
him a fala blow on his abdomen, causing fatal injury and B gave a lati blow on
Z’s right hand causing to suffer a simple injury. Z died on the spot.
3.
That the police after investigation submitted
charge sheet against all 5 (five) FIR named accused persons under Section
302/34 of the Penal Code on 10.04.2011.
4.
That when the case was ready for trial the
same was sent to the learnedSessions Judge, Barishal and registered as Sessions
Case No.56 of 2011, and charge was framed in the case under Section 302/34 of the
Penal Code against the 5(five) accused persons under Section 302 read with
Section 34 of the Penal Code and sentencing them to suffer imprisonment for
life and each of them to pay a fine of Tk.2,000/- (Taka two thousand) in
default to suffer rigorous imprisonment for 3 (three) moths more.
5.
It is submitted that in view of the above
facts and circumstances the convict-appellants have been falsely implicated in
the case because of prior enmity and as such the impugned conviction is bad in
law and is liable to be set aside.
6.
That being aggrieved by the impugned
judgment and order of conviction and sentence dated 07.07.2011 passed by the
Learned Sessions Judge, Barishal in Sessions Case No.56 of 2011, the convict
appellant begs to move your Lordships on the following amongst other,
G R O U N D S
- That it is submitted that the judgment and order dated............ passed by the learned Session Judge, Barishal is bad both law and facts.
- That it is submitted that the learned trial Court without assessing the individual liability of the accused persons passed the order of conviction on surmise and conjecture.
- That it is submitted that the learned trial Court failed to appreciate that this is not a case under Section 302 as because from the facts it is crystal clear that there is no intention motive of killing at all and the alleged offence is a result of a silly matter.
- That it is submitted that the learned trial Court without appreciating the inherent falsehood and contradiction of the prosecution case passed the impugned order of conviction.
- That it is submitted that the learned trial Court did not consider that out of previous enmity between the two family all the full brothers have been implicated in this case.
- That it is submitted that the charge has not been framed and explained in accordance with the provision of Code of Criminal Procedure.
- That it is submitted that the order of conviction and sentenced is too severe.
- That it is submitted that considering the facts, circumstances, evidence and materials on record, the impugned order of conviction is not sustainable in the eye of law.
Wherefore, it is most humbly prayed that
your
Lordships may graciously be pleased to admit
the appeal, call for the
records, issue usual
notice upon the respondent and after hearing
both the
parties and perusal of records allow this
appeal and acquit the charges and set
aside the
judgment and order of conviction dated
07.07.2011 passed by the
Learned Sessions
Judge, Barishal in Sessions Case No.56 of 2011
convicting all
5 (five) accused persons under
Section 302 read with Section 34 of the Penal
Code, and sentencing them to suffer
imprisonment for life and each of them to
pay a
fine of Tk.2,000/- (Two thousand) in default to
suffer rigorous
imprisonment for 3 (three)
months more and/or pass such other or further
order
orders as to your Lordships may deem fit
and proper.
And
Pending hearing of the appeal it is further
prayed
to enlarge the accused- appellants on ad-interim
bail and also stay
realization of fine till disposal
of the appeal.
And for this act of kindness,
your convict-appellant as in duty bound shall ever pray.
Application for Bail in pending Appeal-
DISTRICT: Barishal
IN
THE SUPREME COURT OF BANGLADESH
HIGH
COURT DIVISION
(CRIMINAL
APPELLATE JURISDICTION)
CRIMINAL
APPEAL NO. OF 2011.
IN THE MATTER OF :
An application for bail under Section. 426
of the
Code of Criminal Procedure in above pending
appeal.
And
IN
THE MATTER OF :
6. A
7. B
8. C
9. D
10.
E
All
sons of late X
of
Village:
Police
Station:
District:
Barishal
......
Convict-Appellant-petitioners
(In
Jail Custody)
-Versus-
The
State.
....... Respondent.
And
To,
Mr. Justice Md. Muzammel Hossain, The Hon’ble Chief
Justice of Bangladesh and his Companion Justices of the said Hon’ble Court.
The humble petition on behalf of the
above named petitioners most respectfully,
S H E W E T H :
1.
That this is an application of bail comes
out of the above mentioned Appeal against the judgment and order of conviction
dated 07.07.2011 passed by the Learned Sessions Judge, Barishal in Sessions
Case No.56 of 2011 convicting all 5 (five) accused persons under Section 302
read with Section 34 of the Penal Code, and sentencing them to suffer
imprisonment for life and each of them to pay a fine of Tk.2,000/- (Two
thousand) in default to suffer rigorous imprisonment for 3 (three) months more.
2. That
on ………. One Mr. L lodged an FIR in Hijla P.S. against the appellants alleging
inter alia that the accused- appellants armed with deadly weapons formed an
unlawful assemble and forcibly entered Z’s plot and asked him to leave. But Z
refused to do so and A, on its reply, gave him a fala blow on his abdomen,
causing fatal injury and B gave a lati blow on Z’s right hand causing to suffer
a simple injury. Z died on the spot.
Certified copy of the First Information
Report dated ………… is annexed herewith and marked as ANNEXURE-A.
3. That
the police after investigation submitted charge sheet against all 5 (five) FIR
named accused persons under Section 302/34 of the Penal Code on 10.04.2011.
Certified copy of the charge sheet
dated 10.04.2011 is annexed herewith and marked as ANNEXURE-B.
4. That
when the case was ready for trial the same was sent to the learned Sessions
Judge, Barishal and registered as Sessions Case No.56 of 2011, and charge was
framed in the case under Section 302/34 of the Penal Code against the 5(five)
accused persons under Section 302 read with Section 34 of the Penal Code and
sentencing them to suffer imprisonment for life and each of them to pay a fine
of Tk.2,000/- (Taka two thousand) in default to suffer rigorous imprisonment
for 3 (three) moths more.
Certified copy of the bail granting
order dated ……….. is annexed herewith and marked as ANNEXURE-C.
5. That
it is stated that the petitioners were taken to the police remand but police
could not extract any confessional statement under Section 164 of the Criminal
Procedure Code from any of the accused-petitioners regarding the involvement in
this case.
6. That
the petitioners have been made as accuseds merely at the behest of their
previous enmity and they are pure
victims of circumstances.
7. That the petitioners are permanent citizens of
Bangladesh and if they be enlarged on bail there is no chance of their
absconsion and as such they may kindly be enlarged on bail.
Wherefore, it is most humbly prayed that your
Lordships may
graciously be pleased to allow the
application and enlarge the petitioners on
bail till
disposal of the instant Criminal Appeal, pending for
disposal before
this Hon’ble Court and/or pass such
other or further order orders as to your
Lordships may
deem fit and proper.
And
for this act of kindness, your appellant as in duty bound, shall ever pray.
Affidavit
I,
………., Son of…….of, vill- …..Police station-…….,District- Dhaka…..Aged about-…by
faith-muslim, by occupation- …………, by nationality- Bangladeshi do hereby
solemnly affirm and say as follows :-
1. That
I am the petitioner of the case and am fully acquainted with the facts and circumstances
of the case and am fully competent to swear this affidavit.
2. That
the above mentioned statements are true to the best of my knowledge and belief.
Prepared
in my office
…………………. ………………….....
Advocate Deponent
The deponent is known to me
and identified by me.
……………………
Advocate
Solemnly
affirmed before me by
The
said deponent at the Court Premises
On
this the …th day of…….,20… at 11.30
A.M.