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State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ars from the evidence of PWs 3 and P.W. 4 that the accused was certainly living with his wife Meher Negar in the night of occurrence when Meher Negar was injured by causing severe injuries in various places of the body by dao including the vital part, namely, the head. The absconding condemned accus......he case for the prosecution, in brief, is that victim Meher Negar, aged about 16 years (daughter of P.W. 3 Abdul Wahab Khalifa and P.W.4 Anwara Begum) was married to accused about 4 months before the occurrence. P.W.3 Abdul Wahab Khalifa stated in his evidence that previous to the marriage to the ac..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ere were five helpers in the bus out of four were (1) Gafur, (2) Fazlu, (3) Amir Hamza and (4) Abdus Salam. None of the helpers were found on the spot and the driver of the bus also left the place of occurrence just after the occurrence and as such the passengers of the bus suspected that the dacoit..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....hey were not intelligently applied to the facts of the case. The substance of the appreciation of the facts made by the learned Judge was that since the dacoity and murder were committed at different places and at different times and the said offences being "not at all related", they canno......case; generally because of a lack of true perception of the said facts. The High Court Division in this case does not seem to have been at all aware that there was a counter‑case arising out of the occurrence in question which is admitted, that there were two versions of the same incidents and tha..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ...... The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 3 Circumstantial evidence In a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth. The neighbours may..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......o save his life by fleeing away without taking notice as to the fate of others including the Chairman when attacked by the armed miscreants. 5. As appears clearly, the time, place and manner of occurrence is found to have been satisfactorily proved by P.Ws.2 to 4 and others, and there is also ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......llants, 18 in number, were put on trial before the Additional District Magistrate in Case No. 843-C/80 to answer various charges of rioting, hurt, wrongful confinement, etc. Their defence was that no occurrence, as alleged, took place but they were falsely implicated out of enmity. 3. On consi..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. .........Accused Respondents Judgment August 21, 1990. Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same court in accordance with law one after another and the judgme..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......ith a torch light. Waziar focussed the torch and dealt a dao blow on the neck of her husband and then ran out of the hut. P.W.2 told P.W.1 Moyezuddin who came to the victim's house soon after the occurrence that Waziar and Yasin murdered her husband. She also told her co‑wife P.W.6 that she re..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......nce. 14. PW 5 AM Shakhawat Hossain said that he was SI of police at Narayanganj police station. He said that he took up the investigation of the case at the order of PW 4(OC), visited the place of occurrence and produced the victim girl for recording her statement by Magistrate under section 164 ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....for determination is whether a Magistrate can discharge the accused, without framing any charge, under section 241A of Criminal Procedure Code, merely on the plea of alibi that they were at different places at the the of Commission of the offence, alleged by the prosecution. 2. Accused-respond......Railway employee engaged in his duty at Chittagong on the relevant day. On perusal of these papers, the Magistrate carne to a "finding" that as these accused were far away from the scene of occurrence it was not possible for them to commit the offence at the time and place alleged by the I..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......r is the elder brother of deceased Abdul Hakim. They used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his evidence that on Saturday, the 4th Sraban, 1386 BS correspond..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... his left shoulder. Other accused persons beat the informant and injured him. P.W.3 Sharbat Kha, P.W.5 Sekandar Kha, Sekandar Bari, Jalu Madbar, Alauddin Madbar and other people carne to the place of occurrence on hearing hue and cry. The accused persons fled away towards the western side. Some of t..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ly found them guilty for contempt of court. 7. Mr. MG Bhuiyan, learned Advocate appearing for the appellants, submits that though there is no specific denial by the appellants that on the day of occurrence they cut and Look away paddy from the suit 8. On a perusal of the counter‑affidavi..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......arned Counsel for the accused-appellants, has taken us through the judgment of the Appellate Court. The learned Additional Sessions Judge found that PW 1, the informant, was not an eye-witness to the occurrence. PW 2 is a labourer. PW 3 is an unemployed person. PW 4 has filed a Criminal Case against..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......h the hands of victim Majid with gamcha while accused petitioner Adhari stabbed him on his right arm causing bleeding injuries. Accused petitioner Mahal had helped the said two accused at the time of occurrence. The accused also took away cash money amounting to Taka 1, 170/‑, a gold ring valued a..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......the court should come to the conclusion that his evidence is honest and trustworthy. ............................ (26) Identification difficult due to insufficient light In the present case occurrence took place after the evening and there was insufficient light to identify the appellants ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......idpur Mouza. He went there and found that 4 electric motors were stolen worth Tk. 65,000/‑. He further stated that P.W.2 Lutfor Rahman and P.W.4 Abdul Jabbar and others were present at the place of occurrence and they searched for the motors in vain. He also stated that out of the 4 motors one was..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ma Rani Malakar aged about 12/13 years went out of the room in order to answer the call of nature. As she was not returning to the hut he and other people of the village searched for her at different places. Ultimately, from some people he came to know that accused Nawshed Bepari and Wahab Bepari an......law of accused Wahab stated to him secretly that Uma Rani was taken away by Nowshed. Thereafter, this informant along with his neighbour Amir Hossain went to the house of Nawshed and stated the above occurrence to Akbar, the eldest brother of Nawshed. At that time accused Wahab requested him not t..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ........Opposite Parties Judgment August 14, 1989. Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......d thereafter she was taken to village Dasarah within Manikganj Police Station to Prem Charan's house and she was kept there for several days and at that time getting an opportunity she narrated the occurrence to one of the neighbours and when the news spread, the neighbouring people recovered he..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
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