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Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....ion 149 was altered to section 302 of the Penal Code. 51. In the case of Abdus Samad Vs. State the Appellate Division was of the view: "for once the court finds that an offence such as culpable homicide in this case, has been committed by any member of an unlawful assembly in prosecution of th..Category: Criminal Law | Date: | Hits: 60
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
.... accused appellants, submits that the present case property falls within the fourth exception of section 300 of the Penal Code. Exception 4 of section 300 of the Penal Code reads thus: “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: 111
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....ccused‑appellants, submits that the present case property falls within the fourth exception of section 300 of the Penal Code, Exception‑4 of section 300 of the Penal Code reads thus: "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: 68
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....e." Section 460 relates to lurking house‑trespass or house‑breaking by night, the maximum sentence provided for under this section is like imprisonment, whereas section 302 relates to culpable homicide amounting to murder and the maximum sentence provided for the offence is death that means a..Category: Criminal Law | Date: | Hits: 82
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....part II of Section 304 of the Penal Code. Learned Counsel further contended that in order to determine the question whether the accused petitioners are guilty of the offence of murder or culpable homicide is to look to the nature of the weapon more than to the nature of the injuries inflicted, a..Category: Criminal Law | Date: | Hits: 71
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....nd PW 6 Dr. M Rashid who on examination of the deceased immediately after the occurrence stated that the cause of death was suicidal in nature and the learned trial Court illegally held that it was a homicide against the weight of evidence. The learned Advocate for the accused appellant drew our a..Category: Criminal Law | Date: | Hits: 116
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....he second clause. 33. On behalf of the defence it was pleaded that the accused were entitled to avail exceptions 2 and 4 of section 300 of the Penal Code. 34. According to exception 2, culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defenc..Category: Criminal Law | Date: | Hits: 61
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....ut facts remain that victim Rahima died following the assault on her. In the circumstances, we are of the view that the accused appellant is not guilty of murder under section 302 BPC but of culpable homicide not amounting to murder under section 304 Part I of the Penal Code. 14. In this case the..Category: Criminal Law | Date: | Hits: 78
Category: Criminal Law | Date: | Hits: 74
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....and dissection of the wounds it was the opinion that death was due to haemorrhage and shock as a result of above mentioned injuries which was ante-mortem and homicidal in nature. She was raped before homicide. 61. PW 17 proved the post mortem examination report as Exhibit 8 with his signature as ..Category: Criminal Law | Date: | Hits: 70
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....ho investigated the case by framing the charge under section 304 of the Penal Code. The learned Sessions Judge erred in law in failing to consider that offences involving loss of human life, culpable homicide ranks, in point of gravity, next only to murder, but the punishment prescribed there for va..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
.... not the offence committed comes within the purview of murder as defined under section 300 of the Penal Code. Section 300 runs 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: 236
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....deceased with his wife Amili. Therefore, on grave and sudden provocation, he inflicted knife blows on the deceased which ultimately caused his death. Therefore, the act of the deceased was a culpable homicide not amounting to murder as it attracts the Exception No.1 of section 300 of the Penal Code...Category: Criminal Law | Date: | Hits: 93
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....ned Additional Sessions Judge has framed charge under sections 304/379/34 of the Penal Code in a lump against all four accused persons. Section 304 prescribes the sentence for the offence of culpable homicide not amounting to murder, the sentence varying according to offender's intention or knowledg..Category: Criminal Law | Date: | Hits: 49
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....tted that PWs 1, 9, 10 and 11 have stated that immediately, after the occurrence, the accused tried to arrange treatment of the deceased in the hospital as well as in the house. Had it been a case of homicide by acid, he argued, the accused would flee away. 37. In the facts and circumstances of t..Category: Criminal Law | Date: | Hits: 49
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ections 302/201 and 34 of the Penal Code. 16. Chapter-XVI of the Penal Code deals with offences affecting life. Sections 299 to section 304 fall within Chapter-XVI. Section 299 deals with culpable homicide. Section 300 postulates murder and it is stated that culpable homicide is murder, if the ac..Category: Criminal Law | Date: | Hits: 69
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....ith the intention to cause death but it unfortunately, happened while attempting to rape Jannati. If the intention or the mens rea is absent in causing death of any person it would amount to culpable homicide not amounting to murder and may be liable to be punished under section 304 Part II of the P..Category: Criminal Law | Date: | Hits: 54
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....le under sections 302/34 of the Penal Code. 53. Chapter XVI of The Penal Code deals with offences affecting life. 54. Sections 299 to 304 fall within Chapter XVI Section 299 deals with culpable homicide. Section 300 postulates Murder and it is stated that culpable homicide is murder, if the ac..Category: Criminal Law | Date: | Hits: 54
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....eased in any way as alleged by the prosecution. 7. Considering the evidence of PW Nos. 1, 2,5, & 6, the learned Sessions Judge has found the accused-appellant guilty of the offence of culpable homicide not amounting to murder and thereby has awarded sentence of imprisonment for life with fine..Category: Criminal Law | Date: | Hits: 30
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....ce under section 302/34 of The Penal Code. 39. Chapter XVI of The Penal Code deals with offences affecting life. 40. Sections 299 to 304 fall within Chapter XVI. Section 299 deals with culpable homicide Section 300 postulates murder and it is stated that culpable homicide is murder, if the act..Category: Criminal Law | Date: | Hits: 31