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Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ad been kept in confinement in the house of the khala of the accused Liakat at village Betchari under P.S. Rangunia under the surveillance of the accused Absar, Liakat and Razu. On the basis of the confession of the accused Jashim and Ridwan the police force along with the arrested accused reache..Category: Criminal Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......ing investigation accused Md. Joynul Abedin alias Md. Momin Ali, Md. Jamir Ali, Md. Tajul Islam and Md. Shahed Ali were arrested. They were produced before the learned Magistrate who recorded their confessional statements under section 164 of the Code of Criminal Procedure. The investigating age..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....submission that the appellants have been awarded conviction based on the confessional statement of co-accused Zinnah Sardar though the said statement was exculpatory in nature and also the prosecution failed to adduce any corroborative evidence in suppo......e acquitted them as the prosecution case could not be proved beyond reasonable doubt. Leave was granted also to consider the submission that the appellants have been awarded conviction based on the confessional statement of co-accused Zinnah Sardar though the said s..Category: Criminal Law | Date: | Hits: 36
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......Division is set aside. Conviction and sentence of accused is set aside and he is acquitted of the charge. The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 342 It is in the confessional statement that Dablu stated that he along with Fiktoo and Sukkur went to commit the cri..Category: Criminal Law | Date: | Hits: 159
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......n who deposed that he saw a person being slaughtered in the house of acquitted accused Yunnus in the night of occurrence, and whether the learned Judges were justified in disbelieving the retracted confessional statement of co‑accused Abid Ali by holding that the same is not true as it suff..Category: Criminal Law | Date: | Hits: 49
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......l. P. 68 of 1986 The Penal Code, 1860 [XLV of I860], sections 302/34, 326/30 The Evidence Act, 1872 (I of 1872), section 30. The Penal Code, 1860 (XLV of 1860), sections 326/34 or 149 The confession was no confession in the eye of the law as the maker did not implicate himself in the com..Category: Criminal Law | Date: | Hits: 61
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......ecovery of the dead body, could not be a reason for discarding the evidence of the witnesses on that point nor the same made the prosecution case doubtful, on the fact that the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disint..Category: Criminal Law | Date: | Hits: 61
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......ions 164 and 364 The Penal Code, 1860 [XLV of 1860], Section 201 The two alleged eye witnesses having not disclosed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance ..Category: Criminal Law | Date: | Hits: 45
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. ...... of suspicion and that to their questioning Nausher confessed that he had participated in the murder of Elias in pursuance of a conspiracy with co-accused Jalil and Nuru and others; (5) a judicial confession (Ext 1) of Nausher made before a Magistrate, P.W 1, within 36 hours from the time of the..Category: Criminal Law | Date: | Hits: 62
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....d. It was viewed that a person remaining in police custody for long "it is not unlikely that a confession could be extracted from him." (d) the confessional statement of Kabiruddin is self exculpatory. This statement cannot be received in the evidence as confessional statement of an accus......e dead body of his brother whereupon police held inquest and started investigation. 3. Accused Kabiruddin was arrested from the house of his father-in-law on 18.5.76 whereupon 'Kabiruddin made a confessional statement before a Magistrate on 19.5.76. Accused Lalu was arrested on 38.6.76. He wa..Category: Criminal Law | Date: | Hits: 124
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. ......in the neighborhood shortly before the occurrence took place. Sadhan Kumar Mali, who was a sweeper of the flat, and Surid Chandra Das were arrested on suspicion and after arrest they made judicial confessions alleging that they had murdered the two persons at the instigation of the appellan..Category: Criminal Law | Date: | Hits: 60
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ...... by the military courts, and there was no showing that this military review was legally inadequate, to resolve these claims. 22. A very pertinent observation has been made in that the rule that confessions obtained during illegal detention are inadmissible in criminal prosecutions in the fed..Category: Constitutional Law | Date: | Hits: 327
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... denied that she had died as a result of any rash or negligent act of his servant, the defendant No. 2 herein. According to him the conviction of the defendant No. 2 was procured on the basis of a "confession procured by threats". He also claimed that the suit was not legally maintainable in the f..Category: Others | Date: | Hits: 124
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....unching a prosecution and such proceeding should be quashed. The argument is misconceived. Whether the statement made by a co-accused is admissible or whether a conviction should be based upon such exculpatory statement is the question for the trial Court to be decided on evidence. It is too ear...... of the instant case should be quashed. Mr. Aleem-Al-Razee, appearing for the petitioner, contended that the charge-sheet bad been submitted against the petitioner on the ground that extra judicial confession had been made by one of the accused implicating the petitioner as being the real owner of..Category: Criminal Law | Date: | Hits: 51
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
...., leave was granted by us to consider whether the conviction of the appellants was void on the ground that there was no legal evidence to support it, particularly when the confession was allegedly exculpatory in nature, that it was inadmissible in evidence having been made in presence of Police ......town for which he was to be paid Tk. 25.00 as his carrying charge. A first information report was lodged, the machine was seized and accused Shafi was produced before a Magistrate who recorded his confessional statement implicating himself and these three persons in the crime. In due course all ..Category: Criminal Law | Date: | Hits: 44
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ...... of the Evidence Act. The learned Deputy Attorney-General submitted that the High Court Division was entirely wrong in invoking section 24 of the Evidence Act in that the statement (Ext. 2) was not a confession of the guilt but only an admission of the fact that the disputed bag belonged to him. The..Category: Criminal Law | Date: | Hits: 132
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......lely on the statement of a co‑accused who, however, did not implicate himself in the crime but shifted the blame upon others including the appellant. This Court found that there was no "confession" at all as its maker did not implicate himself in the crime and further that this s..Category: Criminal Law | Date: | Hits: 98
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......sh Bidhan) Ain, 1995 (the Ain) against the condemned prisoner and two others. 6. Prosecution in all examined 21 witnesses including the official witness PW 19 Magistrate, who recorded the confessional statement of the appellant, PW 20 Medical Officer, who held autopsy of the dead body o..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....er co‑accused Mosharraf to OC Lakshmipur. On the next day i.e. on 4.12.78 accused Mosharraf made a statement before PW 2 China Ranjan Barua, Magistrate, 1st Class, Sadar, Noakhali, which was exculpatory in nature. He stated that he accompanied Abul Khair who was his ex‑colleague as a......bul Khair on the motor cycle on threat of fife. Mosharraf joined them later. 6. Condemned prisoner Abul Khair was arrested on 17.3.79 and he was taken to Lakshmipur PS on 18.3.79. He made a confessional statement before PW 2 China Ranjan Barua on 19.3.79 which was completely inculpatory. ..Category: Criminal Law | Date: | Hits: 61
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......8‑00 PM in the night following 22.3.85 while she was offering her Esha prayer. Police arrested the three accused persons and forwarded them to the Upazila Magistrate, Bamna who recorded their confessional statement under section 164 of the Code of Criminal Procedure. These accused appellant..Category: Criminal Law | Date: | Hits: 69
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