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Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......age path leading to his house. Nausher dealt a lathi blow on Elias who at once fell down whereupon Jalil struck him with a dagger at his throat; Nuru struck him with a dao while the other accused pressed him down. The victim raised alarm calling out to his neighbour, Golam Ali, wh..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......the acquittal the State has come before us in appeal on leave granted by us to consider whether the acquittal is warranted in view of the evidence and attending circumstances against the accused. I agree with my learned brother that interference with acquittal by this court is not reso..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......Âttal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside the conÂviction and sentence of both the a..Category: Criminal Law | Date: | Hits: 124
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......plainant, P.W.1 Shah Alam, is that at about 7/8 P.M. on 14th December 1982 when he was applying kerosine oil on his leg for relieving pain the appellants, Siraj Miah and Montu Miah, and (even other accused persons, namely. Abdul Malek, Selim Miah, Hussain, Faruk, Mohammadullah alias Ch..Category: Criminal Law | Date: | Hits: 57
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......, 1986. Result: The Appeal is allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire bu..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for the prosecution, examining the accused and hearing both the parties, if the court considers that under the given evidence, there is..Category: Criminal Law | Date: | Hits: 38
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....y and looted away his articles worth Tk. 3 lac caused serious injuries to the inmates, of whom succumbed to the injuries later on. In both the cases tee police submitted cha sheet showing the accused absconding, and though warrant of arrest was issued against them by the Chief Metropolitan Magistrat......otijheel Case No. 27(9) and Motijheel P. S Case 90(9) of 1983. 2. Both the cases were started on separate First Information Reports lodge the Informant- respondent Aminuddin on allegation that the accused persons armed deadly weapons forcibly entered into his Bakery and looted away his articles w..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......doings of the respective voters, election of the returned candidate should not have been interfered with. It is not a case of benefit of doubt going to a defeated candidate feeling aggrieved like the accused in a criminal case. Hers, presumption is in favour of the returned candidate whose election ..Category: Election Law | Date: | Hits: 140
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... 1860 (XLV of 1860), sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning ..Category: Criminal Law | Date: | Hits: 45
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......rect determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on the prosecution alone. If the prosecution fails to discharge that burden, the accused is entitled to acquittal, even if the defence fails to establish its version. Lawyers In..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......n offence falls within the ambit of clause (c) of section 195 (1) then cognizance can not be taken except on a complaint from the Court. ………………………(5) The offence committed by the accused appellants is not an offence within the meaning of clause (c) of section 195 (1). The provis..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......bsolute and observed that as the Printing, Presses and Publications (Declaration and Registration) Act, 1973 being a special Act, did not prescribe any mode or authority for lodging complaint and the accused-appelÂlants did not subscribe any declaration for running the Press from 4.7.77 till 3.1.84..Category: Criminal Law | Date: | Hits: 59
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......l Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and acquits the accused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC)..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......f Tk. 500/- in default to suffer rigorous imprisonment for three months more with direction that the sentences would run concurrently. 3. The prosecution case was that the petitioner along with co-accused Golam MusÂtafa Kamal Chowdhury abducted the victim Syed Khalilur Rahman from his shop at Sa..Category: Criminal Law | Date: | Hits: 62
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....y. The local people removed injured Harun to Fatickchari ChariÂtable Dispensary where he died soon thereÂafter. 3 After completing investigation police submitted charge-sheet on 27.12.79 against absconding accused Saifuddin Saifa and submitted final report against the three accuÂsed respondent......pondents and apprehending danger and mischief, the complaint’s nephew, deceÂased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. entry in resÂpect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern side of the office of the..Category: Criminal Law | Date: | Hits: 105
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......ction 342 of the Criminal Procedure Code was defective. This contention was also taken before the learned Judges of the High Court who observed that the trial Court had drawn attention of the accused- petitioner to every material in the evidence against him and there was no defect in the ex..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......hey had murdered the two persons at the instigation of the appellant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance. This amount was subsequently recovered from the co-accused Nagar Bashi. Police investigated the case and submitted charge sheet and the Learned Magist..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......y an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and 307/34 of the Penal Code, and Criminal Appeal No. 3 of 1973 was filed by the accused persons who were convicted upon trial. The two appeals are ta..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......f bail to persons convicted of offences under the two Orders. The provision of Article 10 of P.O. 50 is as follows: "Notwithstanding anything contained in the Code, no person who is in custody, accused or convicted of a scheduled offence shall be released on bail." 2. The term "the Code" oc..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ....... W. 1.) went to the Kaliganj Police Station and lodged a First Information Report. P. W. 6, a Sub-Inspector of Police, having held the investigation in the case submitted charge-sheet against the accused (Abdur Rashed) who was thereafter tried on a charge under section 301, Penal Code in t..Category: Criminal Law | Date: | Hits: 66
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