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Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....joint, while commission of murder as defined under section 300 is absolutely an individual liability. The proof of murder as appearing in section 396 would consist of the proof of committing culpable homicide. Therefore, these two words should not be confused…………………………………â€..Category: Criminal Law | Date: | Hits: 75
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....gulation is not disputed. This aspect is further proved by the post mortem examination report and the oral evidence of various witnesses. 22. The fact-in-issue is whether the appellants caused the homicide and if so whether it attracts sections 302 and 34 of the Penal Code. 23. It appears from..Category: Criminal Law | Date: | Hits: 170
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....…………….(36) On homicidal deaths Chapter XVI of Penal Code deals with homicidal deaths and other offences affecting human life. Section 299 of Penal Code defines the offence of culpable homicide. This Section states when culpable homicide amounts to murder. In Penal Code culpable homic..Category: Criminal Law | Date: | Hits: 98
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....njoint while commission of murder as defined under section 300 is absolutely an individual liability. The proof of murder as appearing in section 396 would consist of the proof of committing culpable homicide. Therefore, these two words should not be confused. We have already observed that there is ..Category: Criminal Law | Date: | Hits: 87
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
.... "Causing death by rash driving or riding on a public way.- Whoever causes the death of any person by rash or negligent driving of any vehicle or riding on any public way not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to th..Category: Criminal Law | Date: | Hits: 119
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....ing the death of his newly born child." and awarded the extreme penalty of death. 16. Section 300 of the Penal Code reads as follows: "300. Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing de..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....shid to deal repeated blows if he had the intention to kill, he merely had struck one blow which eliminates the intention to kill. Therefore, the intention to kill is lacking and it is not a culpable homicide amounting to murder but is a culpable homicide not amounting to murder. Therefore, it falls..Category: Criminal Law | Date: | Hits: 117
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....ong delay in lodging the First Information Report in this case which casts doubt about the genuineness of the prosecution case. Then he submits that in fact it was a case of suicide and not a case of homicide and that the provisions of section 6 of the Cruelty to Women (Deterrent Punishment) Ordinan..Category: Criminal Law | Date: | Hits: 135
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....esulting in the death of the victim four days after the occurrence in our opinion is not murder as the accused did not intend to cause death of the victim by inflicting the said injuries but culpable homicide not amounting to murder. 28. From the facts and circumstances of the case, evidence o..Category: Criminal Law | Date: | Hits: 148
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....tion 300 of the Penal Code defines cases which can be called murder with the exception enumerated there in. Exception 4 of section 300 of the Penal Code reads as follows: “Exception 4‑Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of pas..Category: Criminal Law | Date: | Hits: 139
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... prisoner he had been cherishing provocation. Therefore, it is not a murder as defined under section 300 of the Penal Code and it comes within the exception of the same, making the killing a culpable homicide not amounting to murder and thus the sentence of capital punishment is too severe and canno..Category: Criminal Law | Date: | Hits: 130
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....ther the case falls under section 302 of the Penal Code as held by the learned Sessions Judge or under section 304 or under section 326 of the Penal Code. The line of demarcation between the culpable homicide and grievous hurt is rather thin. In the former case injury must be such as is likely to ca..Category: Criminal Law | Date: | Hits: 108
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....le to prove the case to the extent that the appellant had killed the victim, but out of sudden provocation and without any pre-plan and motive and as such the occurrence committed by him was culpable homicide not amounting to murder. Therefore, we are inclined to alter the conviction and sentence, a..Category: Criminal Law | Date: | Hits: 114
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....evidence of P.Ws.4 and 6-9 are taken into consideration, the allegations do not constitute an offence of murder under section 302 of the Penal Code, it can hardly be said to be an offence of culpable homicide not amounting to murder and in that view of the matter the appellant could at best be charg..Category: Criminal Law | Date: | Hits: 102
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....ed had no intention to kill his wife as such the conviction under sections 302/201 of the Penal Code was illegal and at best he could be convicted under on 304 of the Penal Code Part II i.e. culpable homicide not amounting to murder. 40. Mr. Md. Altafur Rahman, the learned Deputy Attorney-General..Category: Procedural Law | Date: | Hits: 118
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
.... regard to the evidence on record and the fatal injury on the vital part of the body of the deceased, this case does not fall under section 304 of the Penal Code, because it is an offence of culpable homicide amounting to murder and, therefore, we find no ground to alter the finding or sentence pass..Category: Procedural Law | Date: | Hits: 94
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....alim. 40. Now let us consider whether the convict was entitled to commutation of the sentence of death as provided in Exception 4 of section 300 of the Penal Code which runs as under: "Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of pas..Category: Criminal Law | Date: | Hits: 118
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
.... such killing be murder- though perhaps, if the blood were still hot from the contest or pursuit, it might be held to be only manslaughter on account of the high Âprovocation". The principle is that homicide in self-defence is justifiable only upon the plea of necessity and such necessity only aris..Category: Criminal Law | Date: | Hits: 128
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....ngly sent the dead body to the morgue for post mortem examination to ascertain the cause of death and having received post mortem report held by P.W.2 Dr. Fakhrey Alam who opined that it is a case of homicide and not a case of death by drowning, lodged suo‑motu FIR (Ext.1) with Rupgonj Police Stat..Category: Criminal Law | Date: | Hits: 56
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....o the morgue for post‑mortem examination. Thereafter on receipt of the post mortem examination report it was found that Rozina Khatun was murdered and the death was not a case of suicide but it was homicide. Thereafter the officer‑in‑charge of the police station himself lodged the FIR and took..Category: Criminal Law | Date: | Hits: 66