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Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......lting them with sulfi and lathi and the informant and his brother rushed to the place of occurrence to rescue their father and Tunu Miah and thereafter the petitioner No.1 Samar Uddin gave a sulfi blow on the left side of the chest of victim Saidur Rahman, accused Askar gave lathi blow on the bo..

Category: Criminal Law | Date: | Hits: 84

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......ed aforesaid Shukur Ali with a rod from behind and then he fell down and thereafter other accused assaulted Shukur Ali indiscriminately with rods and lathi and accused Habibur Rahman dealt a kiriz blow on the chest of Shukur Ali and the victims then raised hue and cry, hearing the same, some wit..

Category: Criminal Law | Date: | Hits: 31

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ng up the western end of the Bhanga, all the appellants and others, about 15 to 16 persons, variously armed with kirich, dao, iron-rods, lathis, fell upon Siraj. Appel­lant Shah Alam dealt the first blow with a kirich on the neck of Siraj, as a result of which Siraj fell down; other appellants simi..

Category: Criminal Law | Date: | Hits: 52

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......ceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing his death on the spot. He is alone guilty of murder under se..

Category: Criminal Law | Date: | Hits: 105

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......r hands. Elemuddin passed the order to kill Rashid Khondker, Moti and Abu pushed him down from the path to the 'bhangan' (breach of the river). Fagu immediately went down and forcibly dealt a chendao blow on the neck of Rashid Khondker who fell down in the water. Akkel Ali with his sarki and Rafizud..

Category: Criminal Law | Date: | Hits: 39

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

.... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......an came from behind and accused Enamul Haq said “Dhar Shalago”. Then accused Wali caught hold of the victim and while the victim was scuffling with accused Wali, Enamul Haq dealt a sora blow on his abdomen. Thereafter accused Razaul and Mizanur went towards the east and accused Wali ..

Category: Criminal Law | Date: | Hits: 43

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Sheikh (the two appellants) and entered into the said land and the appellants Shafiuddin Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur who fell down on the ground and thereafter other accused persons (s..

Category: Criminal Law | Date: | Hits: 42

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......l statement that Dablu stated that he along with Fiktoo and Sukkur went to commit the crime. In the confessional statement of Fiktoo @ Zahurul Hossain he stated that Dablu and Sukkur inflicted dagger blows on Nurul Islam and his wife. In the confessional statement of Dablu he stated that he himself ..

Category: Criminal Law | Date: | Hits: 159

Abul Kashem and oth­ers Vs. State, 1989, 18 CLC (AD)

....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... open door and grabbed Shariatullah in order to abduct him out of enmity and grudge. Abul Kalam's mother came out of the adjacent room and tried to save Shariatullah, but the appellants dealt several blows on her with kirich, ramdao and sendao killing her on the spot. Abul Kalam fled away to save hi..

Category: Criminal Law | Date: | Hits: 57

Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)

....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ...... them. Hajrat Ali and Alimuddin entered the hut and dragged Yasin to the door-step of the hut and all the accused surrounded him. At the order of the accused Kachu the accused Lalu gave a balsira dao blow on the chest of Yasin causing a grievous injury. Yasin fell down. When his sister and wife rais..

Category: Criminal Law | Date: | Hits: 53

Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......persons attacked them being armed with dagger, gupti, lathis, etc. According to the First Information Report appellants Syed Ali Mal Kashem, Sadek Jamader, Shahjahan and others dealt dagger and gupti blows to deceased Karichan in the path‑way. From there the deceased was dragged inside the house o..

Category: Criminal Law | Date: | Hits: 51

Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)

....s set aside and they are acquit­ted from the charges 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: 40 DLR (AD) (1988) 291......ullocks. At about 5-30 P.M. the Informant's cousin Morshed Khan, P.W.11, was attacked by the appellants and the other accused persons on his way to Changutia hat; accused Shamsher gave him first hand blows as a result of which his two front teeth were knocked out and when the Informant and his cousi..

Category: Criminal Law | Date: | Hits: 53

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......randah 3/4 cubits to the northeast under a Tamarind tree. Then accused Azimuddin dealt a Dao low on the forehead of Firoze Shah causing bleeding injury;accused appellant Mafizuddin alias Mohi dealt a blow with the blunt side of a spade on the left hand and other accused dealt him lathi, rod and roll..

Category: Criminal Law | Date: | Hits: 55

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......oted away a number of articles worth Tk.5, 00/- and in that connection when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin re­ceived the fatal blow from whom nobody knew. On consideration of the evidence the trial Court convict­ed the appella..

Category: Criminal Law | Date: | Hits: 67

Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)

....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......other accused came there and all of them dragged Azizur Rahman inside the house of the appellant: that at the order of Abdul Ali( since acquitted of the charge of murder) the appellant dealt a dagger blow on the left abdomen of Azizur Rahman and on alarm being raised witnesses came and saw the occur..

Category: Criminal Law | Date: | Hits: 52

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. ......pellants, namely Nurul Islam (Nuru), Jalil and Nausher along with two others, who were waiting in a bam­boo clump by the side of a village 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; Nu..

Category: Criminal Law | Date: | Hits: 62

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. ...... Kabir, (ii) marks of violence have been found on the conjunction of Katcha and main road which led to the discovery of the dead body, (iii) dragging marks fit in with medical evidence that the fatal blow was given on the abdomen which caused the deceased to fall on the ground, (iv) injury marks on ..

Category: Criminal Law | Date: | Hits: 124

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. ......mbraced her husband for protection when Meghu and Juma held her and moved her away. Her husband after receiving injury wanted to run away but after he reached on the northern door Kamini struck a dao blow the back of his right side. The deceased fell on the ground when accused Kanu struck on the rig..

Category: Criminal Law | Date: | Hits: 56

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. ......aos and daggers, coming towards the hut. He woke Nurul Islam up and hur­riedly left the hut; but while escaping he recognized all those persons in the light of a kupi and saw Mujaffar Ali striking a blow with a dagger at the abdomen of Nurul Islam who was caught hold of by appellants Rabiul and Alt..

Category: Criminal Law | Date: | Hits: 60

Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)

....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......rocedure Code, 1898 (V of 1898), section 561A. Ref. Quashing of proceeding The GD entry and the FIR giving detail of the cause of apprehension and the circumstances leading to making the fetal blow upon the victim by principal Accused Saifuddin @ Saifa and involvement of the Accused Petitione..

Category: Criminal Law | Date: | Hits: 105