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Displaying 201-220 of 255 results.

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ...................................Respondent Judgment March 12, 1984. A murderer will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the sole basis of conviction in the abs..

Category: Criminal Law | Date: | Hits: 63

State Vs. Saheb Ali, 2008, 37 CLC (AD)

....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......cattle as alleged, we cannot also believe this aspect of the prosecution case. The learned trial Judge has based the conviction of the con­demned prisoner on the evidence of the extra judicial confession supported by evi­dence of P.Ws. 4 and 6 and the confession of accused Abbas Ali and ..

Category: Criminal Law | Date: | Hits: 45

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......enal Code to which they pleaded not guilty and claimed to be tried. 4. During trial one Nur Alam claimed to be the bodyguard of Ershad Ali Sikder was arrest­ed on 03.08.1999 and he made confessional statement implicating himself and appellants and Idris. Thereafter the Case was invest..

Category: Criminal Law | Date: | Hits: 45

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....implicate the appellant in any way. 11. Mr. Khondker also pointed out that accused Md. Nurun Nabi's statement although appears to have implicated the appellant but his statement being self exculpatory and having not stated as to how he was involved in the occur­rence and it is argued......) others being Sukumar Majumder @ Nilu and Abdul Kader, though named the appellant but did not implicate him in any ways with the occurrence. The 5 (five) arrested accused persons in the case made confessional statements under Section 164 of the Code of Criminal Procedure. 6. Police submi..

Category: Criminal Law | Date: | Hits: 47

Alaluddin Vs. State, 2003, 32 CLC (AD)

....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......of the prosecution witnesses the petition­er was examined under section 342 of the Code of Criminal procedure wherein he pleaded inno­cence. On consideration of the evidence on record, the confessional statement and the facts and circumstances, the learned Additional Sessions Judge convi..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......Procedure. 4. On perusal of the judgment of the Sessions Case it appears that the only evidence against the accused petitioner as under:  "On a perusal of the judicial confession Ext.3 (ka) dated 18.10.1986 made by convicted accused Babor Ali, son of Kashem Biswas, ..

Category: Criminal Law | Date: | Hits: 49

Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)

.... night guard of the school to go out and then other accused came and killed the deceased but he did not disclosed the same to anybody, Thus it appears that his confessional statement is not wholly exculpatory rather the   same is partly exculpatory and partly inculpatory. It is true th...... there­after they found the dead body of deceased in a ditch. 3. The police on completion of investiga­tion submitted charge sheet in the case. The convict-appellant Shamim Beg made confessional statement before a competent Magistrate who recorded it under section 164 of the Code ..

Category: Criminal Law | Date: | Hits: 47

Shahar Ali and others Vs. State, 2008, 37 CLC (AD)

....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......vocate who appeared on behalf of the petitioners has referred to relevant observations of the High Court Division and also of the trial court and submitted that both the courts below relied on the confessional statement of accused Shamsuddin which is false and not true and as such the courts bel..

Category: Civil Law | Date: | Hits: 87

Delwar Hossain Vs. State, 2007, 36 CLC (AD)

.... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ......Penal Code on 07-08-1997. 3. Police took up investigation and in the course investigation apprehend accused-petitioner Delwar Hossain and produced him before the Magistrate for recording his confession. Finally submitted charge sheet against the accused-petitioner since prima-facie case wa..

Category: Criminal Law | Date: | Hits: 43

Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)

....appeal.  There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......on 161 of the Code of Criminal Procedure. The Investigation Officer (I.O.) arrested three accused including the accused petitioners and pro­duced them before the Magistrate for recording their confessional statements. Thereafter the I.O. submitted charge sheet under section 396 of the Penal ..

Category: Criminal Law | Date: | Hits: 32

Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)

....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ion, after hearing, allowed the Death Reference No. 34 of 2001 and dismissed Jail Appeal No. 3201 of 2001. 4. The learned counsel for the condemned petitioner submits that the extra-judicial confession of accused Rokeya Begum and judicial confessional statements of both the condemned peti..

Category: Criminal Law | Date: | Hits: 51

Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)

.... rape on the victim and then accused Dulal committed rape on the victim. The High Court Division further held that the confessional statements of the accused (exhibit 6 and 7) can not be termed as exculpatory rather those are very much inculpatory. 8. The High Court Division also took int...... of that F.I.R. the G.R. Case No.60 of 2002 was started. Accused Abdur Rouf alias Utasab and Azizul Haque alias Abul Kashem were arrested in connection with that G.R. Case No.60 of 2002. They made confessional statements before a competent Magistrate, 1st Class on 24.07.2002 and in those confess..

Category: Criminal Law | Date: | Hits: 61

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......albag Police Station Case No.3 (9) of 1986 corresponding to G.R. Case No.5629 of 1986. 3. During investigation on 17.09.1986 accused, Mohammad Ali alias Shanu and accused Dhiman Bhatta made confession recorded under Section 164 of the Code of Criminal Procedure and the police also recover..

Category: Criminal Law | Date: | Hits: 40

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....t night, some before the murder and some after it, near the place of occurrence. The trial Court also relied upon a confessional statement of accused Noor Ahmed but the appellate Court rejected it as exculpatory and accepted the evidence of PW 3 read with the evidence of PW 18, who recorded his stat......ng. Evidence of PWs 4,5,9 and 14 is that they had seen the appellants on the relevant night, some before the murder and some after it, near the place of occurrence. The trial Court also relied upon a confessional statement of accused Noor Ahmed but the appellate Court rejected it as exculpatory and ..

Category: Criminal Law | Date: | Hits: 74

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... moneybag containing a scrap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation condemned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted charge sheet against the co..

Category: Criminal Law | Date: | Hits: 40

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......­tion he also visited the place of occurrence, recorded the statements of the witnesses under section 161 of the Code of Criminal Proce­dure. The condemned prisoner also made ju­dicial confession, which was recorded by a competent Magistrate. On completion of in­vestigation polic..

Category: Criminal Law | Date: | Hits: 57

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......allowed. The Evidence Act, 1872 (I of 1872), section 80 The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 364 Practice & Procedure It was injudicious to rely upon confession without calling the magistrate as a witness. The accused have been denied the opportunity..

Category: Criminal Law | Date: | Hits: 49

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ormant's son was brought back home. On the basis of the ejhar Godagari P. S. Case No. 10 dated 13-03-1991 was started. During investigation, the convict appellant was arrested, who made a judicial confession recorded under Section 164 of the Code of Criminal Procedure. Thereafter, charge sheet w..

Category: Criminal Law | Date: | Hits: 53

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......o answer the charge under section 396 of the Penal Code. The accuseds who were in the dock pleaded not guilty and claimed to be toed. 12. The prosecution in all examined 24 witnesses. There were 2 confessional, statements, one by accused Idris Ali Sheikh alias Gandu Sheih and another by Abdus Sam..

Category: Criminal Law | Date: | Hits: 63

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......pellants under section 326/34 of the Penal Code could be sustained, as the evidence of three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without independent c..

Category: Criminal Law | Date: | Hits: 41