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Category: Constitutional Law | Date: | Hits: 482
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....entenced him to transportation for life. He furÂther submits that in the facts and circumstances of the ease, this appellant could at best be charged under section 304 of the Penal Code for culpable homicide not amounting to murder and not at all under Section 302 of the Penal Code for murder. He a..Category: Criminal Law | Date: | Hits: 52
Category: Constitutional Law | Date: | Hits: 137
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....in and convict petitioner had no intention at all to cause such injury as, is likely to cause death or to put it differÂently to kill Mohsin and the case was not a case of murder but one of culpable homicide not amounting to murder. 11. In support of the contention of the learned Counsel about t..Category: Criminal Law | Date: | Hits: 60
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
.... in the facts and circumstances, the case falls under Exception 4 of Section 300 of the Penal Code. 9. Exception 4 of Section 300 of the Penal Code runs as under:- "Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of p..Category: Criminal Law | Date: | Hits: 50
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....doubt but since it transpired that the petitioners used only lathi at the time of occurrence and victim Saidur Rahman died after two days from the date of occurrence, it is a case of culpable homicide not amounting to murder and as the act, by which the death was caused, was not done with t..Category: Criminal Law | Date: | Hits: 97
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....sight. But when evidence was led to the effect that accused Wadud also assaulted Aftabuddin his attention should have been drawn, under section 342 Cr.P.C. to this evidence connecting him with the homicide. The record shows that he was simply asked as to what he got to say about the evidence he ..Category: Criminal Law | Date: | Hits: 57
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....ess to prove as to how the victim received the bullet shot on her chest; P.W.20 Dr. Anil Basak, who held the post mortem examination, could not say whether the victim died from an act of suicide or homicide; the post mortem report is nebulous in that it has left the crucial question unanswered an..Category: Criminal Law | Date: | Hits: 48
Abed Ali Vs. State, 1990, 19 CLC (AD)
....currence and as such the act of the appellant was covÂered by Exception I to section 300 of the Penal Code. In other words, the argument was that the apÂpellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consid..Category: Criminal Law | Date: | Hits: 65
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
.... that the appellants intended to cause the death of the victim. From the facts and circumstances of the case we think that the act of the two appellants constitute, at best, an offence of culpable homicide not amounting to murder punishable under section 304, Part I of the Penal Code. We are, th..Category: Criminal Law | Date: | Hits: 42
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....nt has been raised obviously with an eye on the quantum of sentence provided under the two parts of the section. 10. Section 304 Penal Code provides for punishment for culpable homicide not amounting to murder. The first part of the section provides for a punishment of impris..Category: Criminal Law | Date: | Hits: 51
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....esult of a sudden fight in the hit of passion upon a sudden quarrel without the 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..Category: Criminal Law | Date: | Hits: 67
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....id Sarkar has been convicted for murder under section 302 Penal Code and sentenced to transportation for life. He obtained leave to appeal to contend that he ought to have been convicted for culpable homicide and not murder. 2. Facts of the case are as follows: Appellant along with three others w..Category: Criminal Law | Date: | Hits: 52
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....he fatal injuries will easily escape punishment……(5 & 6) If the criminal act is done with the intention of causing death then it is murder clear and simple. In all other cases, of culpable homicide, it is the degree of probability of death from certain injuries which determines whether th..Category: Criminal Law | Date: | Hits: 62
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....ence was committed by the aforesaid respondent Jahirul Hoque alias Jaju and Harunur Rashid. It has been held in 1987 BLD (AD) 265 = 40 DLR (AD) 6 [State vs. Tayeb Ali]- “All murders are culpable homicide but all culpable homicides are not murder. Excepting the General Exceptions attached to the..Category: Criminal Law | Date: | Hits: 55
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....Judges of the High Court Division disagreed with this finding and observed that on the facts proved, this criminal act of causing the injuries does not constitute 'murder' but constitutes culpable homicide not amounting to murder, punishable under Part (1) of section 304 of the Penal Code. The l..Category: Criminal Law | Date: | Hits: 119
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....usanta died from such injury. Now, the question is, whether the prosecution could have proved its case against the condemned and convict appellants beyond all reasonable doubt that they committed the homicide. Above evidence of PW 1 Jayanta Gope of recognition is corroborated by PWs 2, 3 and 4 This ..Category: Criminal Law | Date: | Hits: 47
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....he Penal Code. We rather find that this criminal act was done with the intention of causing such injuries as are likely to cause death, as described in section 299. As such, it constitutes culpable homicide not amounting to murder, punishable under section 304 Part I of the Penal Code. 13...Category: Criminal Law | Date: | Hits: 93
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....r got any substance. 6. It is true that the offence of "rioting" described in section 146 is not a minor offence in relation to an offence of 'murder under section 302, or culpable homicide (not amounting to murder) under section 304 of the Penal Code. But in this case, the main ..Category: Criminal Law | Date: | Hits: 59
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....Sing in the case reported in 55 I.A. 390 was tried for the offence of murder under section 302 of the Penal Code by an Additional Sessions Judge and was convicted under section 304 of the culpable homicide not amounting to murder and was sentenced to five years rigorous imprisonment thereunder. ..Category: Criminal Law | Date: | Hits: 57