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Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....of 2001 dismissing the appeal affirming the judgment and order dated 28.08.2001 passed by the Judge of Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan Daman Case No.9 of 2001 convicting the petitioners under Section 7 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 sentencing ......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...Category: Criminal Law | Date: | Hits: 70
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....(Dhaka). Judgment Muhammad Ansar Ali J.- This Criminal Appeal arises out of the judgment and order dated 30.12.1986 passed by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convicting appellant Shadat Ali under section 304 Part II of the Penal Code and Sentencing him to su......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
.... — For the Appellant. AKM Zahirul Haque, Assistant Attorney-General — For the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed ......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....earliest opportunity and to send the same to the ballistic export and failure to record statement of witnesses properly Court below could not rely on such uniform evidence of the eye-witness P.Ws. to convict the accused persons. 16. Normally deviation from the First Information Report story or sh......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....Huda, Advocate — For the Petitioner. Md. Abdur Rouf Assistant Attorney-General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by ...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...Category: Criminal Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....or abetting the commission of aforesaid offence and thereby committed offence punishable under sections 302/109 of the Penal Code. 4. By the judgment and order dated 22/3/94 learned Sessions Judge convicted accused No.1 Tota under section 302 of the Penal Code and sentenced him to death, convicte......nment for life with fine and acquitted accused Nos.12 and 13. 5. Thus the case record has come before us under section 374 Cr.P.C. after being registered as Death Reference No.4 of 1994. Condemned prisoner Tota has also filed Jail Appeal No.696 of 1994 and Criminal Appeal No.406 of 1994. Other co..Category: Criminal Law | Date: | Hits: 74
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....ence, prepared inquest report on the dead body of the victim Motaleb, examined witnesses under section 161 of the Code of Criminal Procedure and submitted charge sheet against 5 persons including the convict under sections 302/34 of the Penal Code. 4. The prosecution examined in all 15 witnesses ......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
.... published in the Bengali newspaper "The Daily Ittefaq" which revealed that a boy named Md. Nazrul Islam, son of Arshad Ali of village Tengrakhall, Police Station Shyamnagar, District Satkhira, being convict No.1755/86 had been in custody for a long time without any case. The news item disclosed tha......adesh. Even he has referred to section 27(2) of the Prisons Act, 1894 and the provisions of that Act were also violated in this case. He also submits that in the Jail Code paragraph 962 provides that prisoner under 21 is considered as juvenile or adolescent and such prisoners should be separated fro..Category: Criminal Law | Date: | Hits: 97
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....oque, Advocates ‑ For the Appellant. Gazi Abdul Mannan, Assistant Attorney‑General - For the State. Criminal Appeal No.569 of 1990. Judgment Mahmudul Amin Chowdhury J.- This appeal by convict‑appellant AKM Mokhlesar Rahman has been preferred against his order of conviction and sent......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....ed the 13th day of January, 2009 passed by the High Court Division in Criminal Appeal No.416of 2005). Judgment Md. Abdul Wahhab Miah J. - This Petition for leave to appeal has been filed by the convict petitioner against the judgment and order dated 13th day of January, 2009 passed by the Hi......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535...Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
....ted 9.2.2000 passed by the Additional Sessions Judge, Jamalpur in Sessions Case No. 24 of 1997 arising out of G.R. No.12(2)1997 corresponding to Bakshigonj Police Station Case No. 01 dated 07.01.1997 convicting the accused under sections 304 Part II /114 of the Penal Code sentencing the convict appe...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ..Category: Criminal Law | Date: | Hits: 52
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....1987. (Arising out of Sessions Case No.34 of 1986 (Nilphamari) in the Court of Sessions Judge, Nilphamari). Judgment Mahmudul Amin Choudhury J.- This appeal is directed against the order of conviction and sentence passed by the learned Sessions Judge, Nilphamari in Sessions Case No.34 of 1......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..Category: Criminal Law | Date: | Hits: 66
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....tional Sessions Judge, First Court, Mymensingh in Sessions Case No. 186 of 1995 arising out of GR No. 70(2)90 corresponding to Iswarganj PS Case No. 2(9)90 under sections 302/201/34 of the Penal Code convicting the accused‑appellant under section 302 of the Penal Code and sentencing him to impriso......nsible for the death of the deceased. This view finds support in the decision of State Vs. Kalu Bepari reported in 43 DLR 249, where it was held: "The murder having taken place while the condemned prisoner was living with his wife in the same house he was under an obligation to explain how his wi..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....was committed in her office chamber and the thief took away cash of Taka 9000 and articles of the value of Taka 3000. In the first information report she did not mention the name of any accused. This convict petitioner was the guard of the school who informed the Head Mistress of this theft. Police ...... is a very bad form of evidence on which the conviction is not sustainable. With that observation the learned Judges of this court rejected the death reference and allowed the appeal of the condemned prisoner and acquitted him. In the present case we also find that there is no independent evidence a..Category: Criminal Law | Date: | Hits: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
.... was presented under section 410 of the Code of Criminal Procedure against judgment and order dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, which convicted the appellants under sections 302/149 and sentenced each of them to imprisonment for life ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
.....2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dismissing the appeal with modification of the sentence in respect of imposing fine and upholding the judgment and order of conviction and sentence dated 20.8.1998 passed by the learned Judge, Special Tribunal, Court No.3, J......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Shahin and others, 2010, 39 CLC (HCD)
.... into the hospital he disclosed before them that the present condemned prisoners assaulted him by various deadly weapons and there is no scope to disbelieve the dying declaration of victim Biplob and conviction and sentence can be made safely relying on the said dying declaration. He further submits......tur Rahim J. - This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Manikganj for confirmation of the death sentence of condemned prisoners namely 1. Md. Lebu Miah, son of Late Md. Nurul Islam, 2. Shahin, son of Tajumuddin, 3. Mas..Category: Criminal Law | Date: | Hits: 76
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ppellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhenidaha in Spec......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....the statement under section 161 Cr.P.C. in the instant case has not rendered the charge as groundless. Furthermore, from the reading of section 242 Cr.P.C. it is found that unlike passing an order of conviction the Court has the option of discretion to make up his mind regarding the commission of an......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....(In both cases) Criminal Miscellaneous Case No.10991 of 2010. Criminal Miscellaneous Case No.10714 of 2003. Judgment Md. Nazrul Islam Talukder J.- These two Rules, at the instance of the convict petitioners, were issued calling upon the opposite parties lo show cause as to why the impug......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86