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Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......saulted her husband with sharp cutting weapon and looted away cash and valuables. At the time of the retreat of the dacoits the villagers apprehended one dacoit namely Anu Mia and on the basis of his confessional statement, the villagers apprehended Abu Yousuf and Gias Uddin. On interrogation of the..Category: Criminal Law | Date: | Hits: 100
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......every possibility on his part to interfere with the process of investigation as also tampering with the evidence thereof. The Deputy Attorney General also pointed out that co-accused Abdur Rob made a confession on 24‑5‑2004 before the Magistrate, 1st Class, Manikganj disclosing the complicity of..Category: Criminal Law | Date: | Hits: 81
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... 8) and Mejbahul Alam (PW 9) a Sub‑Inspector of Police besides the informant (PW 1). 4. The testimony of PW 1 has been mentioned above while narrating the prosecution case. PW 2 had recorded the confessional statement of the appellant on 18‑4‑2002 and proved the appellant's signatures and h..Category: Criminal Law | Date: | Hits: 128
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......y who placed the gold inside the bag. He submits that this is an admission on the part of the appellant and the trial Court rightly relied on that statement. The Court also found that this Ext.2 is a confessional statement, it is not judicial confession but it is an admission and he considered and t..Category: Criminal Law | Date: | Hits: 87
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......rms and they, also, did not disclose anything to him. 13. PW 4, another Constable in his testimony testified that he and others Police arrested Babul from the gate of the house and pursuant to his confession a country-made pipe-gun, eleven cartridges, two Ramdaos and one Dao and other articles ha..Category: Criminal Law | Date: | Hits: 84
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......d the accused appellant guilty of the offence charged on the basis of the oral evidence of the aforesaid three witnesses. The learned trial Court found the appellant guilty only on the basis of the confessional statement of accused appellant Abu Taleb recorded under section 164 of the Code of Cr..Category: Criminal Law | Date: | Hits: 84
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....e on record to connect the appellants in the commission of the dacoity. His further submission is that said confession which has been marked as exhibit No.6 is absolutely vague, indefinite and partly exculpatory and partly inculpatory. The learned Additional Sessions Judge without coming to any find......ellants was named in the First Information Report. After arrest of one accused appellant Shahid Hossain @ Shafi on 8.9.88 as a suspect he was produced before the Magistrate on 10.9.88 for recording a confession but no confession was recorded on that day, instead, police sought for his remand for 5 d..Category: Criminal Law | Date: | Hits: 76
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....d was not identified by the informant in the dock. He further submits that the conviction of the petitioner was based on his confessional statement which was extorted by police torture and is clearly exculpatory, and, therefore, the High Court Division erred in accepting the Death Reference. He furt......wdhury, Jahangir Alam, Kazal Rakshit, Aparup Rakshit, Arun Rakshit, Barun Rakshit, Amit Rakshit and Saroj Guha as accused. During investigation of the case accused Dipak Datta Bhola was arrested. His confession led to recovery of the severed head of the deceased. Then accused Dipak Datta Bhola, Jaha..Category: Criminal Law | Date: | Hits: 68
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......, learned Advocate-on-Record appearing on behalf of the appellant has placed the evidence of the witnesses and other materials on record and submits that there is no legal evidence to corroborate the confessional statement of co-accused Gopal Karmaker and as such, the High Court erred in law in main..Category: Criminal Law | Date: | Hits: 81
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Bisheka asked chowkidar P.W.8 to arrest them. Two torch-lights and one watch were recovered from them in presence of P.W.9. Police subsequently took them into custody. On 7-8-91 all the dacoits made confessional statement and those were recorded by P.W.3 Mr. SR Chakma, a local Magistrate. 7. Mr...Category: Criminal Law | Date: | Hits: 66
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......list was marked as Ext.5 and signature was marked as Ext.5/1. He stated that he examined 20 witnesses and thereafter he submitted charge sheet against the accused persons. The accused Alauddin made a confessional statement. The blood soaked earth was marked as material Ext.1, One blue Jumper Mat. Ex..Category: Criminal Law | Date: | Hits: 74
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ...... the time of occurrence and that practically there is no substantive evidence against him. He further submits that the learned Assistant Sessions Judge convicted the accused appellant on the basis of confessional statement of co-accused Abdus Sattar and that there is no supporting evidence of the co..Category: Criminal Law | Date: | Hits: 78
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......pon the decisions reported in 21 DLR 684, 41 DLR 520 and 44 DLR 159. 3. Learned Assistant Attorney-General submitted that since the accused was arrested from Palong PS area and in pursuance of his confessional statement arms and ammunition in question having been recovered from the place of occur..Category: Criminal Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......initely conclude that one or some of the accused and might be some others were on the scene and one stabbed Selim. 22. So, we are to further consider the other evidence, if any. Yes, these are the confessional statements of accused Tota and Mirza Abul Kalam respectively marked as Exts.13 and 14, ..Category: Criminal Law | Date: | Hits: 74
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......vidence as to the involvement of the accused appellant in the commission of the alleged offence yet on misconstruction of fact and law wrongly convicted the accused appellant on the sole basis of the confessional statements of two co-accused persons namely, Mokbul and Nurul Islam. He then submits th..Category: Criminal Law | Date: | Hits: 71
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......n the court of the Sessions Judge, Khulna, in Satkhira PS case No.3 which is an arms case in which he was acquitted on 30.06.92. It is alleged that while he was in custody in the year 1984, he made a confession to the effect that he kept arms in his house. The police took the detenu to his house and..Category: Criminal Law | Date: | Hits: 97
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....ion of the accused-respondents which were said to have been recovered after three days of their apprehension. It is further contended that the confessional statements of two accused persons are exculpatory in nature and the High Court Division, in the premises, is not justified in taking the s......e of a fuel tank in presence of the witnesses. 3. In course of the trial of the case, the prosecution has examined 14 witnesses. Besides the oral evidence, the prosecution has also relied upon the confessional statements of accused Mouza Ali and Mokles Ali. The Special Tribunal on assessment of..Category: Criminal Law | Date: | Hits: 64
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325........ 4. On behalf of the convict petitioner the learned Advocate Mr. Abdus Sobhan Tarafder with Mr. AKM Moniruzzaman submits that it is a case of no evidence. He has submitted that the extra judicial confession by the convict petitioner is not admissible in evidence since it has not been corroborate..Category: Criminal Law | Date: | Hits: 62
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......ation the case of the defence in short, is that, they have been implicated in this case falsely. They were not in any way connected with the alleged murder and the alleged extra judicial and judicial confession of accused Ashraf Ali is not a true and voluntarily one, rather the same was obtained by ..Category: Criminal Law | Date: | Hits: 82
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....e appellants for the purpose of going to the Mela was an embellishment and an after thought concocted after the lodging of the FIR has further contended that the confession of appellant Ansar Ali was exculpatory in nature and this was brought into existence by resorting to inhuman physical torture u......inzira Bazar on 12.12.88 and produced him before the CID, Investigating Officer. Accused Ansar Ali was thereafter produced before the Magistrate P.W.6 Mr. Md. Fazle Elahi who recorded on 13.12.88 his confessional statement Ext. 2 under section 164 of the Code of Criminal Procedure. On completion of ..Category: Criminal Law | Date: | Hits: 91