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Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
.... extraordinary writ jurisdiction. In doing so the High Court Division did not commit any illegality which may call for interference………(7) The question of sentence is at the discretion of the convicting court and the court of first appeal. However, such discretion must be exercised judicious......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....tion 364 is cognate to an offence Under section 302 or a minor offence in relation to section 302, Penal Code and (ii) whether section 238 of the Criminal Procedure Code was rightly invoked in convicting the appellants under section 364/34 in the absence of any charge thereunder. 2. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....pplication for leave to appeal from jail by the condemned prisoner whose sentence of death that was awarded by the learned Additional Sessions Judge, Narayangonj in Sessions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upo...... The act being not a pre planned or pre-meditated one or, in other words, death having not been done to the driver in a preplanned manner; the death so caused by the condemned prisoner, cannot be considered murder, but can be said to be an act of man slaughter not amounting ..Category: Criminal Law | Date: | Hits: 74
State Vs. Shahjahan, 2001, 30 CLC (AD)
....Court Division in Death Reference No. 1 of 1992 with Criminal Appeal No. 111 of 1992 and Jail Appeal No. 124 of 1992 rejecting the reference and allowing the appeals and setting aside the orders of conviction and sentence passed by the Additional Sessions Judge, 2nd Court, Tangail in Sessions Ca......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......tinctive norm in our Court system that application for habeas corpus should get top priority over all other business and be expeditiously disposed of. It is no longer common to direct the body of the prisoner to be produced before the court but the respondents having the custody of the prisoner must..Category: Criminal Law | Date: | Hits: 75
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....t was not true and voluntary. In his defence it was suggested that his wife had fled away from the house with her Lalto bhai, one Siraj, who might have committed the murder. 6. The order of conviction rests upon the confession made by the accused and the circumstantial evidence, such as, ......onal statement of the accused and the recovery of alamats under seizure list Exts. 2 and 2(Ka), we find that the prosecution has been able to prove beyond any shadow of doubt that the condemned prisoner‑appellant Jahiruddin intentionally Committed the murder by causing the death of his..Category: Criminal Law | Date: | Hits: 73
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....Criminal Appeal No. 290 of 1967 and Criminal Appeal No, 362 of 1967, arising out of the same judgment by which the learned Additional Sessions Judge and Ex Officio Special Judge, 3rd Court, Dacca, convicted the two accused appellants on 29.4.67 under section 165A of the Pakistan Penal Code and u......on 1935 AC 462 which runs as follows: "Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt, subject to what I have already said as to the defence of insanity and subject al..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... Habibur Rahman J: This appeal by the accused Lutfor Fakir is directed against the judgment passed by Mr. Nasimuddin Ahmed, Sessions Judge, and Jessore on 15.6.70 convicting him under section 302 of the Pakistan Penal Code and sentencing him to death. Death Refe...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....d. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sente......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....r the prosecution and none for the defence were examined in the case. The opinion of the assessors was divided. The learned Additional Sessions Judge considering the evidence and materials on records convicted the accused on both counts and sentenced him to death under section 302 PPC and passed no ...... PPC and passed no separate sentence under section 307 PPC. 6. The learned Sessions Judge has made a reference under section 374 Cr.P.C. for confirmation of the sentence of death and the condemned prisoner has challenged the order of conviction and sentence passed in the case. 7. Mr. T Talukda..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....ts. Shah Harmutullah—For the State. Criminal Appeal No. 197 of 1969. Judgment: Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sen......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....k place. Mr. Mallick contends that this witness is proved to say things according as he is tutored and, therefore, be is not a dependable witness and he should not be relied upon for upholding the conviction and the sentence of death. We have carefully examined this criticism in its proper conte...... No 237 of 1970. Judgment: TH Khan J: This is a Reference under section 374 of the Code of Criminal procedure for confirmation of the sentence of death passed on the condemned prisoner Abdur Rashid under section 302 of the Pakistan Penal Code by the Additional Sessions Judge..Category: Criminal Law | Date: | Hits: 154
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....pecial Powers Act, 1974 (XIV of 1974), Section 30 The Code of Criminal Procedure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while dispos......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ..Category: Criminal Law | Date: | Hits: 76
Billal Vs. State, 2000, 29 CLC (AD)
...., 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadb......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....Fakir, Jalil Fakir, Jalal Bepari and Ibrahim Sheikh @ Ibrahim is from the judgment and order dated 24-11-97 passed by a Division Bench of the High Court Division affirming the judgment and order of conviction and sentence passed under section 396 of the Penal Code by the Additional Sessions Judge......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..Category: Criminal Law | Date: | Hits: 64
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....96. (From the judgment and order dated 27-11-94 passed by the High Court Division in Criminal-Revision No. 1741 of 1994). Judgment: Md. Abdur Rouf J: This appeal by leave by the convict-appellant is from the judgment and order dated 27-11-94 passed by a Single Bench of the High......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
.... (From the Judgment and Order dated 21st May, 1996 passed by the High Court Division in Criminal Revision No. 395 of 1994) Judgment Md. Abdur Rouf J.- This appeal, following leave, by the convict appellant, Abul Hossain Mollah alias Abu Mollah is from the Judgment and Order dated 21st Ma......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....olice Station without naming any accused. During investigation police recovered from the place of occurrence a moneybag containing a scrap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation con......rrence a moneybag containing a scrap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation condemned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted cha..Category: Criminal Law | Date: | Hits: 83
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
....vocate-on-Record - For the Respondent (In both the 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 30.04.2001 passed by the Hi...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
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