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Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
.... to many Syeda Begum but he declined and out of that grudge he has been roped in the case in order to teach him a good lesson. 8. The trial court on consideration of the materials on record convicted the accused Abu Taher @ Ridwanul Haque @ Ridwan, Liaquat All @ Badal, Md. Absar and Jaha......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....Appeal No. 1819 of 1994.) Judgment: Amirul Kabir Chowdhury J.- At the instance of the convict appellants (1) Majid Sheikh alias Majid, (2) Reza Mollah alias Reza, (3) Manik Sarder, (4) ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....4). Judgment Amirul Kabir Chowdhury J.- This appeal by leave has been preferred by the State against order dated 18-4-2005 passed by a Division Bench of the High Court Division granting bail to convict respondent No.1 Muhibur Rahman Manik in Criminal Appeal No. 3653 of 2004 pending before the ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....n both cases). Criminal Appeal Nos. 42 and 43 of 2003. Judgment: Amirul Kabir Chowdhury J. - Criminal Appeal No. 42 of 2003 is at the instance of convict-appellant Shafiuddin Sheikh against the judgment and order dated 30-4-2001 passed by the Hi......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....e found that the recovery of the sandal and the dagger have not been proved beyond all reasonable double, the prosecution case which rests only on oral evidence cannot be relied on for sustaining the conviction. Hence the appeal is allowed and the accused be acquitted ………(31,32,33) Cases Re......formant was sleeping in the northern facing pucca building. He heard hue and cry from the room of his parents and he rushed to their room. At that time he saw accused Mizazul Islam @ Dablu (condemned prisoner) and another person were running away from their house after scaling the wall. Then he ente..Category: Criminal Law | Date: | Hits: 159
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....of the charges under section 302/149. Participation of appellant Budhi is well established. It is he who had first Harled Halanga at the victim’s abdomen and also shouted putting him to death. Thus conviction under section 302 of the Penal Code against this accused is sustained. Conviction under s......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... judgment and order passed by the High Court Division, Rangpur Sessions, Rangpur, affirming the Death Reference No. 5 of 1988, confirming the judgment and order passed by the Sessions Judge, Pabna convicting the appellant under section 302 of the Penal Code and sentencing him to death by hanging......le the existence of these four minor injuries 'on the person of the deceased as indicated by the Medical Officer. Thus, we cannot accept the argument of the learned Advocate for the condemned‑prisoner that the only eye‑witness should be disbelieved as there is some discrepancy with re..Category: Criminal Law | Date: | Hits: 58
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....o. 66 of 1983). Judgment: MH Rahman J.- The respondent Mofazzal Hossain Pramanik along with four others were tried under sections 302/34 of the Penal Code for killing wife Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Code and sentenced to death by hanging. ......d 15 witnesses tendered 6 others. With regard to the evidence of PWS 2, 5 and 6 the High Court Division observed: "All that they have stated in evidence is that they did not find the condemned prisoner Mofazzal Hossain Pk. in his house at the time when they visited his house or subsequently..Category: Criminal Law | Date: | Hits: 49
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ment July 21, 1988. Criminal Appeal No. 18 of 1985 The Code of Criminal Procedure, 1898 (V of 1898), section 236, 237, 238, 417 and 423 The process of altering a finding in an appeal from conviction must operate only within the limits prescribed under sections 236, 237 and 238 Cr.P.C. an......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....Judge, second court, Rangpur for alleged offences under sections 148/302/34 Penal Code. The appellants were found guilty and sentenced to death. Their co-accused, Nazrul Islam and Manik, were equally convicted and sentenced to transportation for life. The remaining three accused having been found no......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ce. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where the witnesses are related and partisan and have a stro......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
.... offender having taken undue advantage or acted in cruel or unusual manner, is not murder under section 300 but culpable homicide not amounting to murder under section 299 of the Penal Code. Thus the conviction is altered under section 304 part 1 from section 302 of the Penal Code and the sentence i......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....hahabuddin Ahmed J. - This is an appeal against acquittal filed by the State. Accused-respondents No.1 to 4, respectively Abdur Rashid, Abdul Barek Mirdha, Mobarak Ali and Mohammad Hafez Mirdha, were convicted by the Additional Sessions Judge, Patuakhali by an order dated 26 January, 1983 under ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....p; Shahabuddin Ahmed J.-This appeal by special leave calls in question an order of the High Court Division at Jessore, dated 11 February,1986,confirming the appellants' conviction and sentence of death under section 303/34 of the Penal Code, passed by the Additional ......th the established facts of the case. 9. As to the judicial confession made before the Magistrate, P.W. 1, the only contention about it is that it was not recorded in the words of the prisoner. This statement contains some words which are not expected of an almost illiterate person ..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....as I could not agree on the reasons for which acquittal of the respondents is sought to be supported I am giving my own reasons against their outright acquittal. 2. The six respondents were convicted for murder and sentenced to death by the Additional Sessions Judge for burying alive......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.....P.C. The prosecution examined 25 witnesses and the defence examined none. 4. The trial court on consideration of the evidence came to the conclusion that accused Lalu committed the murder and convicted him under section 302 B.P.C. He was sentenced to death. Accused Kabiruddin was convicted u......agistrate (P.W. 25) who then recorded his confession, Ext. 3. 49. The Magistrate before recording a confessional statement of an accused must satisfy himself, by observing the demeanour of the prisoner and also questioning him, whether he is ready to make a confession voluntarily, free from..Category: Criminal Law | Date: | Hits: 124
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....D (2) provides that the charge shall be read and explained to the accused and the accused shall ask to plead. If the accused pleads guilty, the Court shall record the plea and may, in its discretion, convict him thereon (section 265E). If the accused, however, claims to be tried, the Court shall fix......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......icient to restrain, depending on the circumstances." Again in Volume 39 of the same book at page 659 it is stated that "subject to any applicable statutory regulations, the custody of the prisoner is entirely under the direction and control of the Court to which the return is made"..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....on of Reilly, J. in re Periyaswami Moopan reported in (1931) I.L.R. 54 Madras, 75 at 77 that "where there is evidence against the co-accused sufficient, if believed, to support his conviction, then the kind of confession described in section 30 may be thrown into the scale as an ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....of 1970). Judgement: Ahsanuddin Choudhury, J.—This appeal by special leave is by Abdur Rashid against his conviction and sentence of death confirmed by a Division Bench of the erstwhile High Court in......Habi Durani did not at all like that Maleka’s share would go to Chunnu. 4. The defence denied that Yasin Sk. proposed to make a gift of some properties in favor of Maleka and that the prisoner had grudge against her. 5. The prosecution examines the six witnesses and the defen..Category: Criminal Law | Date: | Hits: 66
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