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Mukul Vs. State, 2004, 33 CLC (AD)

....sion upon dismissing the appeals accepted the reference.  3. The reference was made by the learned Judge of the Nari‑o‑Shishu Nirjatan Daman Adalat (the Adalat), Narail upon convicting, on October 24, 2000, the condemned prisoner under section 10(1) of the Nari‑oR......eference.  3. The reference was made by the learned Judge of the Nari‑o‑Shishu Nirjatan Daman Adalat (the Adalat), Narail upon convicting, on October 24, 2000, the condemned prisoner under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, ..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

...., P.W.8 Ataher Faraji and P.W.9 Md. Anamul Huq had been tendered. 8. Learned Additional Sessions Judge found Md. Delwar Hossain Faraji guilty of the offence of sections 302/120 of Penal Code and convicted him thereunder. Following conviction he was sentenced to death. 9. In the case there ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

.... 2003 and Jail Petition No. 7 of 2003).  Judgment                    Md. Fazlul Karim J.- The convict‑petitioner (condemned‑prisoner) seeks leave to appeal on a petition under Artic......sp; Judgment                    Md. Fazlul Karim J.- The convict‑petitioner (condemned‑prisoner) seeks leave to appeal on a petition under Article 105 of the Constitution of the People's..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

....l Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Ta......o disbelieve the evidence of the PWs who have proved the prosecution case to the heel and the learned Tribunal after considering the evidences of the PWs rightly convicted and sentenced the convict‑prisoner and discharged the Rule". Having regard to the above finding of the High Court Division,..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....roved by the prosecution do not constitute an offence punishable under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and that the Bishesh Adalat is not justified in convicting the condemned prisoner in the absence of any legal evidence as to the death of the victim......ence under section 374 CrPC read with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....n catching her hold from the house of Mizanur Rahman (P.W.5). 23. Learned Additional Sessions Judge, Second Court, Jessore found Anjuara Khatun guilty of offence of section 302 of Penal Code and convicted her there under. Following conviction she was awarded death sentence. Judgment of convicti......dgment of conviction and sentence is dated 17‑9‑2001. 24. Husband Tipu Sultan shall be referred to hereinafter as deceased Tipu Sultan and wife Anjuara Khatun shall be described as condemned prisoner. 25. Learned Additional Sessions Judge referred death matter by way of a Reference to ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

....to substantiate that the condemned-prisoner was completely insane at or about the time of occurrence. In that view of the matter, he submitted that the learned Additional Sessions Judge was justified convicting the condemned-prisoner and sentencing him to death. 18. From the evidence on record ...... of the Code of Criminal Procedure was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgment and order dated 19th February, 2001 in Sessions Case No.8..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....d prisoner Bahar Mia by judgment and order dated 31‑1‑2002, in Nari‑o‑Shishu Nirjatan Case No. 73 of 2001. The condemned prisoner preferred the above appeals against the judgment and order of conviction. Since these matters arise out of the same judgment, they are disposed of by this judgmen......istrict & Sessions Judge) of Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nari‑o‑Shishu Nirjatan Daman Tribunal) Comilla for confirmation of death sentence awarded to the condemned prisoner Bahar Mia by judgment and order dated 31‑1‑2002, in Nari‑o‑Shishu Nirjatan Case No...

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....4 of 1998). The High Court Division by the aforesaid Judgment accepted the reference upon dismissing the appeals. The reference was made by the 1st Court of Additional Sessions Judge, Mymensingh upon convicting the condemned prisoner under section 302 of the Penal Code and sentencing him to death. T...... The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali ..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

.... in Sessions Case No. 8 of 2000 (arising out of Khulna PS Case No. 23 dated 19‑5­1999. GR Case No. 632 of 1999) and dismissing the Criminal Appeal No. 862 of 2000 filed by him against the order of conviction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that ove...... was considered while awarding the sentence.   The Evidence Act, 1872 (I of 1872), Section 8  The motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidence of PW 3 and the facts and circumstances of th..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

.... but the accused who went to hospital was not present at the time of performing inquest. 8. Bishesh Adalat found accused Md. Awal Fakir guilty of offence of section 6(2) of the Ain of 1995, and convicted him thereunder. Consequential sentence was death. Bishesh Adalat in awarding conviction a......eath Reference, Jail Appeal and Criminal Appeal are being heard together and are being disposed of by this common Judgment. 10. Convict Md. Awal Fakir shall be described hereinafter as condemned-prisoner. Rehana Begum shall be described as victim of crime Rehana Begum. Judgment of convicti..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents   Judgement   October 28, 2003. Moral conviction deprecated  Findings of both the courts are totally wrong as it is a case of...... the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evi­dence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any judge o..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

.... nor the daughter of the shebait committed offence under section 464 of the penal code. The other accused participated in making such deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper.   Lawyers Involved: &nb......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....€‘Shishu Nirjatan Daman Special Judge 2, Barisal, in Nari‑o‑Shishu Nirjatan Daman Case No. 57 of 1996 arising out of GR No. 114 of 1996 corresponding to Gournadi PS Case No. 4 dated 11-10‑1996, convicting him (accused-appellant) under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman (Speci...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....llip;…….Respondent  Judgment May 28, 2003. The Evidence Act, 1872 (I of 1872)   “There is  no bar in convicting and sentencing an accused under two different sections of the Penal Code”, &helli......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)

....Negotiable Instruments Act, 1881 (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments Act as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..

Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88

Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)

....tion of sentence of 3 years to one year and the fine of Tk. 52,000/- to Tk. 39,000/-, in default to suffer rigorous imprisonment for 3 months and acquitted two (2) other appellants. The appellant was convicted under section 409 of the penal code read with section 5(2) of the Prevention of Corruption...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....No. 2109 of 1998) Judgment                       Md. Ruhul Amin J.- The convict has preferred this petition for leave to appeal against the judgment and order dated May 7, ......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

....ang. In the instant case there being strong circumstantial evidence incapable of explanation upon any other reasonable hypothesis than that of the guilt of the petitioner, it is not a case of moral conviction.  Cases Referred to-  Shah Khan vs. State 18 DLR......bsp;               Amirul Kabir Chowdhury J.- Criminal Petition for Leave to Appeal No. 162 of 2001 preferred by condemned prisoner Md. Moinul Haque while Petition No. 171 of 2001 is at the instance of other condemned pet..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)

....assir Husain J.- This Appeal, by way of leave, is from the judgment and order dated 29‑6‑2000 discharging the Rule in Criminal Miscellaneous Case No. 1838 of 2000 in refusing to quash the conviction of the petitioners under section 19(f) of the Arms Act and the sentence of rigorous impri......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84