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Bangabandhu murder trial

No appeal was made against acquittal of 4, DAG tells HC
No appeal was lodged against the acquittal of four accused by the lower court of charges of killing Bangabandhu. the prosecution yesterday informed the High Court, reports UNB.
"So far. no appeals have been made." deputy attorney general Shamsuddin Chowdhury’ Manik told an HC division bench hearing death reference and appeals by the convicts in the Bangabandhu Murder Case.
As the hearings resumed after lunch break yesterday, the bench comprising Justice Mohammad Ruhul Amin and Justice ABM Khairul Haque wanted to know the reply of the prosecution In its query made on Thursday.
"Mr DAG, Thursday we wanted to know whether you made any appeal against the acquittal. You were to inform us today," Justice Khairul Haque said in a common query also from the other judge. Justice Ruhul Amin.
Then the DAG informed that no appeals had been lodged against the acquittal of Taheruddin Thakur. Hon Capt (retd) Abdul Wahab Joardar. Dafadar (retd) Marfat All Shah and LD (retd) Abul Hashem Mridha in the lower court verdict that sentenced 15 ex-army officers to death.
In another query. Justice Khairul Haque wanted to know why Brigadier Rouf, the chief of DGFl during the assassination
of the country’s founding father. was not made a witness as his name cropped up through submission by witnesses many times.
In reply to the query'. DAG Shamsuddin Chowdhury Manik said may be. he is dead. But I'm not confirmed." he said when the court asked whether he is certain that Rouf is no more.
The court's query came as a defence lawyer was reading out from depositions and cross-examinations of PW-42 Major Iretd) Ziauddin recorded in the paper book where he mentioned the name of Rouf several times.
Both the judges were seen smiling and conferring when the defence lawyer quoted Ziauddin as saying that army officers during their joining take oath to protect the incumbent government.
The court was adjourned keeping reading out from deposition of prosecution witness-43 Prof Knorshed Alam, a veteran Awami League leader in Comilla.
Parts of paper book read out yesterday also included depositions and cross-examinations of PW-38 Pranab Chandra Roy. PW-39 Risalder (retd) Mansur Ahmed, PW-40 Havilder (retd) Syed Ahmed and PW-41 Brigadier AKM Shahjahan.
On appeal against the ac- < quittai. legal experts said appeal was to be lodged with lite High Court within six months of verdict of the lowei court under article 157 of the Limitation Act
The time for appeal against the acquittal in Bangabandhu murder case is over as the : Judgement was given by Dhaka | District and Sessions Judge I Court on November 8. 1998 ex- | onerating Thakur. Joardar. । Marfat Ali and Mridha from the murder charge.
However, the experts said if no appeal is lodged against an acquittal within the timeframe, the appeal can be made giving sufficient causes and grounds l<>r the delay under Section 5 of the same act.
Without any appeal against an acquittal, the Higher Conn can also consider acquitted person s crime if it found him guilty. In that case, under clause 423 of the CrPC. the higher court can send the case for retrial or punish the person found guilty, the pundits from the bar said.