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Elahi Bux Vs. State, 1986, 15 CLC (HCD)
.... 30 of the Special Powers Act, 1974. By judgment and order, dated 23.11.1985, passÂed by the Special Tribunal, 2nd Court, Rangpur in Special Tribunal Case No.33 of 1984, the appellant petitioner was convicted under section 376 of the Penal Code read with secÂtion 40 of the Special Powers Act, 1974......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..Category: Limitation Law | Date: | Hits: 222
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....of Akdil Ali of Horoshpur, Badsha Miah @ Chora Badsha, Inu Miah, Dhan Mia @ Dhanu Mia, Habibur Rahman son of Abdur Rahim of Bagdia, Habibur Rahman, son of Shamsu Mia of Alinagar and Ali Azam on their conviction for the offence punishable under section 309 of the Penal Code passed on 20.6.90 in Sessi......msu Mia of Alinagar and Ali Azam on their conviction for the offence punishable under section 309 of the Penal Code passed on 20.6.90 in Sessions Case No.20 of 1990. Besides the aforesaid 9 condemned prisoners, the learned Additional Sessions Judge also convicted 27 other accused persons for the off..Category: Criminal Law | Date: | Hits: 139
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
..... Judgment Mohammad Ismail Uddin Sarker J.- This appeal by the 3 accused appellants namely, Shahadat Hossain, Kazi Enayet Hossain and Abdul Kashem is directed against the judgment and order of conviction and sentence dated the 25th May, 1983 passed by the Assistant Sessions Judge, Jhenidah in......found two dacoits in the Kotwali Police Station. [Discussion of evidence omitted] 7. P.W.14 Habibur Rahman was MagisÂtrate at Jhenidah at the relevant time. He conducted the T.I. Parade of the prisoners as well as of the stolen articles. According to him he conducted T.I. Parade at the JheniÂ..Category: Criminal Law | Date: | Hits: 142
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....lam Sheikh along with 2 others were tried by Mr. Md. Nurul Islam Additional Sessions Judge 3rd Court Khulna in Sessions Case No.54/80 on charge of murder under sections 302/34 and the appellants were convicted thereunder and each was sentenced to death by the Judgment and Order dated 23.05.1983. So ......s were convicted thereunder and each was sentenced to death by the Judgment and Order dated 23.05.1983. So far other 2 accused are concerned, they were found not guilty and acquitted. 2. Condemned prisoners preferred regular appeal being appeal No.93 of 1983 and Jail Appeal being appeal No.94 of ..Category: Criminal Law | Date: | Hits: 134
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
.... MR Khan, Advocate ‑ For the State. Criminal Appeal No.280 of 1985. Judgment AM Mahmudur Rahman J.- Appellants Ator Ali, Mushuri, Siddik, Jilani, Abdul Ali, Piar Mia and Mukkya have been convicted under sections 302/34 of the Penal Code read with Special Powers Act, 1974 and sentenced t......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....e instance of the accused appellant Babu Khan this appeal has been directed against judgment and order dated 28Â-1‑1986 passed by the learned Sessions Judge, Rajbari in Sessions Case No.75 of 1985 convicting the accused appellant under section 302 of the Penal Code and sentencing him thereunder t....... As such, the Court below, before proceeding with the case ought to have appointed an Advocate to defend the accused. In that view of the said illegality the conviction and sentence of the condemned prisoner under section 302 is not maintainable and therefore set aside and the case is sent back for..Category: Criminal Law | Date: | Hits: 123
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....titioner and in his evidence as D.W.1 he deposed that he did not commit any offence. 8. The trial Court after hearing the parties and upon consideration of the evidence and materials on record convicted the condemned prisoner Mohammad Selim under section 302 of the Penal Code and sentenced hi......n the case transferred to the Court of Additional Metropolitan Sessions Judge, First Court, Chittagong for trial. 6. Charge was framed under section 302 of the Penal Code against the condemned prisoner and read over to him to which he pleaded not guilty and claimed to be tried. During trial t..Category: Criminal Law | Date: | Hits: 98
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....is directed against the judgment and order of acquittal dated 02.07.2009 passed by the Division Bench of the High Court Division in Criminal Appeal No.2013 of 2004 allowing the appeal, acquitting the convict-appellant-respondent Md. Kamal Uddin alias Pichchi Kamal from the charge leveled against him......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
.... been disclosed only by the informant, P.W.1 and there is no other witness to corroborate the allegation as made by the informant. He also submits that Courts below did not apply its judicial mind in convicting and senÂtencing the petitioner as nothing was recovered from the possession of the petit......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....nife concealed and entered into the room and inflicted blows upon the inmates of the house. He did not spare the woman and boy of tender age. 14. The learned Sessions Judge, Manikganj has rightly convicted the accused under section 302 of the Penal Code as such the order of conviction is upheld.......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....tnesses having enmity and litigation provided Court takes due care and precaution in the assessment of such witnesses. Court is under solemn duty to assess the evidence legally not only to secure the conviction of the accused but also to record an order of acquittal. “Where the Court accepts th......Judge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.654 of 1992 filed by condemned‑prisoner Khalilur Rahman and accused Habibur Rahman and Jail Appeal No.749 of 1992 filed by condemen..Category: Criminal Law | Date: | Hits: 139
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....ere is motive for murder, deceased Mahbubur Rahman developed illicit relationship with the wife of the condemned prisoner, the same has not been proved and, as such, there is nothing to challenge the conviction and sentence or to reduce the same. 14. The learned Assistant Attorney-General also ar......eference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awarding sentence of death to the condemned prisoner Md. Shahjahan who is still absconding from the very date of occurrence which took place on ..Category: Criminal Law | Date: | Hits: 130
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
.... submits that the evidence as adduced by the prosecution are hopelessly insufficient to establish the charge of murder as brought against the appellants and that the learned Additional Sessions Judge convicted the appellant on mere suspicion. 8. It is in the evidence of P.W.6 Shakawat Ali that du......led by Shahjahan and witnessed the murder, but did not take part in it and that on the next day he informed the matter to the local Chairman. 7. Mr. Sirajul Huq, learned Advocate for the condemned-prisoners-appellants, submits that the evidence as adduced by the prosecution are hopelessly insuffi..Category: Criminal Law | Date: | Hits: 129
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....isoner Manik Bala under section 302 of the Penal Code in SesÂsions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of conviction and sentence passed against him by the learned SesÂsion Judge. Both the Reference and th......ddin Sarker J.- This is a Reference under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Borguna for confirmation of the sentence of death passed by him on the condemned prisoner Manik Bala under section 302 of the Penal Code in SesÂsions Case No.4 of 1987 by his judgm..Category: Criminal Law | Date: | Hits: 142
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......o grant bail to an accused person in a case under section 302 of the Penal Code, but in suitable and appropriate cases, this Court shall not hesitate to grant this privilege of bail to an under trial prisoner with a view to saving him from illegal and undue harassment. In any view of the matter the ..Category: Criminal Law | Date: | Hits: 74
Parvaj Vs. State, 2012, 41 CLC (HCD)
.... with Yousuf Mahmud Morshed, Assistant Attorney General - For the Opposite Party. Criminal Miscellaneous Case No. 4846 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedur......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
..... 3509 of 2003. Judgment Md. Ruhul Quddus J.- This criminal appeal is directed against judgment and order dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer rigorous i......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 114
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....inal appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 8.9.2002 passed by the Special Tribunal No.4, Kushtia in Special Tribunal Case No.158 of 2001 convicting the sole appellant under section 19A of the Arms Act, 1878 and sentencing him thereunder ......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
.... and order dated 23.1.2006 passed by the Sessions Judge, Tangail in Session Case No.232 of 2004 (arising out of Kalihati Police Station Case No.3 dated 8.7.2004 corresponding to G. R. No.331 of 2004) convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....Petitioners. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the opposite party. Criminal Revision No.1374 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-appellants was issued on an application under section 439 of the Code of Criminal Procedure ......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 194