ABDUL AZID @ AZID DACOIT Vs. STATE

JUDGEMENT

(1.) By these appeals, the convict-appellants have challenged the legality and propriety of the judgment and order of conviction and sentence dated 25-06-2007 passed by learned Judge of Special Tribunal no.4, Moulvibazar, in Special Powers Case no. 18 of 2007 convicting them under Sections 19A and 19(f) of the Arms Act and sentencing each of them to suffer rigorous imprisonment for fourteen years.

(2.) The prosecution case as projected in the first information report and unfurled at trial are that on 22-01-2007 at 17:30 hrs. S.I. Sadequl Islam (PW. 8) received a secret information to the that some inter-gang dacoits assembled in the village home of accused Abdul Azid alias Azid dacoit at village Chalk Kabiraji within Kamalgonj Police Station. Later, he along other Police personnel namely PSI Sirajuddin (PW.1), PSI Abdul Jabber(PW.4), A.S.I. Md. Yusuf Ali(PW. 2), A.S.I. Md. Farhad Hossain (PW.3), A.S.I. Shahalam, A.S.I Jamaluddin, and C-Abdur Rashid rushed there. Sensing their presence all the accused tried to fly away. Of them, accused Abdul Azid, Akmol Hossain, Sabuj Miah and Kador Ali were nabbed by them with one country made two bore gun along with four bullets and two ramdao. He (PW.8) also seized different house hold articles from there and prepared seizure list in presence of locals namely Md. Shahjahan (PW.5), Machim Ali (PW. 6). Thereafter he handed over the accused with seized articles to the Komolgonj Police Station. The prosecution was launched by lodging a first information report by PW. 8 Md. Sadequl Islam, as informant which was recorded as Komolgonj P.S. Case no. 09 dated 23-01-2007.

(3.) The Police after investigation submitted charge-sheet accusing the appellants as accused. Eventually, the appellants were called upon to answer the charge under Sections 19A and 19(f) of the Arms Act to which they pleaded not guilty and claimed to be tried.