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State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......sru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Seni......hey denied. 17. The learned Additional Sessions Judge, Faridpur who held the trial, by his judgment and order dated 29.4.80 found the respondents guilty and sentenced them to transportation for life. Their father was, however, acquitted on benefit of doubt. 18. On appeal by the respondent..Category: Criminal Law | Date: | Hits: 38
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... February 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1-3. A......ange was properly and legally executed by his father at Howrah in 1964, that the objection petition dated 7.4.80 was filed by his father under pressure, threat and duress and for the safety of his life and that he and his father permanently reside in India. The affidavit of Proddyut himself admi..Category: Property Law | Date: | Hits: 36
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... State.........................................…..Appellant Vs. Mofazzal Hossain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the R......y of the offence under section 302 of the Penal Code. But considering the fact that the acquittal order was passed by the High Court Division in the year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By m..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......ppeal is allowed. The Evidence Act, 1872 (I of 1872), Section 5 Evaluation of evidence in criminal case On a careful consideration of the evidence of eye‑witnesses, it is very difficult to rely upon their evidence in view of the glaring omissions and contradictions in their testimonies......ola in Sessions Case No. 19 of 1984. The Sessions Judge convicted fourteen accused including the seven appellants under sections 302/34 of the Penal Code and sentenced them to suffer imprisonment for life with a fine of Tk. 500/- each, in default, to suffer rigorous imprisonment for six months and t..Category: Criminal Law | Date: | Hits: 51
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......roof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circumstance in which the v...... Criminal Appeal No. 8 of 1983, all except these four appellants before us were acquitted. Conviction of the appellants was maintained but their sentence of death was commuted to transportation for life. Leave was granted by us to consider whether their conviction has been based on correct appreci..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....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 ......17 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. and this process of alteration must stop whenever it comes up against a finding of acquittal and a finding of acquittal can be converted ......ide" the order of conviction and sentence of the appellants No. 1 and 2 under section 148 and 324 and convicted them under section 302/34 Penal Code and sentenced each of them to transportation for life. 12. The question is: Can the High Court Division lawfully do it? This involves a consider..Category: Criminal Law | Date: | Hits: 55
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....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 ...... Vs. The State………………………...Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the wi......ces 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 not guilty were acquitted. 2. The appellants ..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....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 ......s no confession in the eye of the law as the maker did not implicate himself in the commission of the alleged offence. 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 sustainin......2/ 34, 326/307 Penal Code were framed against all of them. Appellant No. 1 Ibrahim Molla and accused Mostu @ Mostafa were convicted under Section 302/34 Penal Code and sentenced to transportation for life. Appellant Nos. 2-6 and accused-petitioner Lulu @ Banjir and two others were convicted under Se..Category: Criminal Law | Date: | Hits: 61
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....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 ...... 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 under section 304 part......the High Court Division, Rangpur Bench, in Criminal Appeal) Judgment: Shahabuddin Ahmed J. - Appellant Bandez Ali is challenging an order of his conviction and sentence to transportation for life under section 302 of the Penal Code, passed by the Additional Sections Judge, Rangpur and confi..Category: Criminal Law | Date: | Hits: 67
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 wanted that Nanda Lal should be killed and at their behest Amar struck ......rder dated 14 February 1985 passed by the High Court Division (Jessore Bench) in appeal upholding the conviction of the appellants under section 302/34 Penal Code and sentence of transportation for life passed thereunder. 2. There was an occurrence in the night following 31 Aswin 1381 B.S. (1..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......nal Code, 1860 (XLV of 1860), Section 302 FIR is not a piece of substantive evidence but may be used for corroborating or contradicting the maker only. omission in the FIR of the fact leading to recovery of the dead body, could not be a reason for discarding the evidence of the witnesses on ......ence No. 5/85 and the connected appeals confirming the said sentence. 2. The appellant is alleged to have killed his wife, Laxmi Rani, sister of Santosh Kumar Adhikary (P.W. 2). They had a married life of 4/5 years but it was marred by unhappiness and rancour. 3. On 20.13.84 Thursday at about ..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......d Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of successi...... Tripura. The land originally belonged to one Lakshmi Charan Bartia who died leaving behind a widow Kumari Barua and two daughters namely Tripura and Promilla. On Lakshmi's death his widow Kumari got life interest. Kumari died leaving daughters Tripura and Pramila who also got life interest in the p..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of th......law no doubt, but as has been noticed in 28 DLR and 30 DLR (AD) the definition contains the clause on exclusion and inclusion. One thing is very well settled that no person shall be deprived of his life and property unless it comes within the clear provision of law itself. He cannot be deprived ..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....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 ...... the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and also considering other facts and circumstances ...... by an order dated 26 January, 1983 under sections 302/34 and 201 of the Penal Code; all of them except accused Hafez were sentenced to death while accused Hafez was sentenced to transportation for life. Along with them were tried one Joynal Khan and one Yasin Majhi who were however convicted and ..Category: Criminal Law | Date: | Hits: 45
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Even otherwise it can be said that......ch, in Criminal Appeal No. 410 of 1983.) Judgement ATM Afzal J.- Appellant Md. Abdul Majid 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 homic..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ....... The State and others ..................................Respondents Judgment July 5th 1987. The Code of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so pre...... the locality, set up a camp in the house of one of the accused and detained many persons there and carried out various acts of plunder, torture and extortion. It was stated there that out of fear of life from these persons who were very influential at that time the Informant and members of his fami..Category: Criminal Law | Date: | Hits: 46
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... Result: The appeal is allowed. The Penal Code, 1860 (XLV of 1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecution case. It seems that the beginn......section 364 was in respect of the abduction of Sohrab, Mehtab and Mobarak and the offence under section 302 Penal Code was in respect of committing murder of Jamshed. The sentence of imprisonment for life was awarded under section 302/109 but no separate sentence was passed under sections 148 and 36..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......d within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of t......e the possession of the rest of the property at that time. Hemnalini died on 12.6.64 leaving respondent Asim Kumar Basu as her heir. The plaintiff’s case was that he approached Hemnalini during her life time for execution of the deed and after her death the plaintiff approached respondent No.1 but..Category: Property Law | Date: | Hits: 47
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......of 1860), sections 307/34 Reversal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the ...... from the surgical operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. Surgical operations are sometimes resorted to for saving the life of an injured person when brought to hospital. If death of the injured is blamed on the surgeon..Category: Criminal Law | Date: | Hits: 62
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......llants' conviction and sentence of death under section 303/34 of the Penal Code, passed by the Additional Sessions Judge, 3rd Court, Khulna, on 23 May, 1983. 2. The prosecution case relates to the murder of Sk. Elias, an inhabitant of village Satshika under Fakirhat P.S. of Khulna distri......but did not think it a fit case for commuting the sentence. In some cases inordinate delay in the execution of death sentence may be considered a ground for commuting it to transportation for life but some delay such as in this case should not be considered to be a ground for commutation, p..Category: Criminal Law | Date: | Hits: 62
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