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Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)

....nal statement there is no iota of evidence against the petitioner and none of the P.Ws have disclosed the name of the petitioner and on perusal of the confessional statement it will appear that it is exculpatory in nature and nowhere the petitioner has shown his involvement in the alleged occurrence...... of the Code of Criminal Procedure. Thereafter he moved for bail but failed, he then obtained the instant rule. 5. The learned advocate appearing for the petitioner on drawing our attention to the confessional statement of the petitioner submits that although in this case by this time 26 P.W.s. h..

Category: Criminal Law | Date: | Hits: 48

Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)

....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......following day he came to know the dead body of Kayemuddin. 20. P.W. 8 Doctor Mozammel Haque, who held the autopsy and submitted postmortem. 21. P.W.9 Magistrate Salina Sahadat, who recorded the confessional statement of accused Ala Bax. 22. P.W.10. S.I. Sukumar Mohanta deposed in court as i..

Category: Criminal Law | Date: | Hits: 56

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....plying with all legal requirements. He proved the confessional statement as Exhibit 14 with his signatures thereon as Exhibit 14/1-14/16. The confessional statements of Mamun are both inculpatory and exculpatory with a detailed description of his association with JMB, the activities and decision tak...... and admitted his signature as Exhibit 13/2 in the seizure list. He has denied that he has deposed falsely as tutored by the police. 63. PW 41 Md. Shafique Anwar is the Magistrate who recorded the confessional statement of condemned-prisoner Mamun. He has stated that the confessional statement ma..

Category: Criminal Law | Date: | Hits: 224

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....›à¦¿à¥¤ à¦à¦‡ জনà§à¦¯ আমি বরà§à¦¤à¦®à¦¾à¦¨à§‡ অনà§à¦¤à¦ªà§à¦¤à¥¤ à¦à¦‡ আমার জবানবনà§à¦¦à§€à¥¤â€ 136. Evidently his statements are both inculpatory and exculpatory. However, subsequently Shahid, during his examination under section 342 of Cr.P.C. partl......ner Hasan has taken the said grounds and also some other grounds raising legal and factual issues including the credibility of the evidence of PWs 2, 3, 4, 5, 12, 13, the credibility of the retracted confessional statements of Shahid and Minu, and illegalities committed in recording those statements..

Category: Criminal Law | Date: | Hits: 70

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......ce, prepared sketch map with separate index and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure, during investigation accused Habibur Rahman alias Habi made a confession, recorded under section 164 of the Code of Criminal Procedure and identification parade w..

Category: Criminal Law | Date: | Hits: 52

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......for the Courts to refrain from taking evidence, if it feels any doubt that the accused did not understand the full implication of the offence mentioned in the charge. 10. A plea of guilty is not a confession such as is dealt with in the Evidence Act in view of the fact that there are no pleadings..

Category: Criminal Law | Date: | Hits: 51

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......tigation was taken over by the detective branch of the police. The succeeding investigation officer recorded the statements of the witnesses under section 161 of the Cr.P.C. During investigation, the confessional statements of two accused were recorded by a competent Magistrate. After completion of ..

Category: Criminal Law | Date: | Hits: 236

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......use with a knife at his hand and subsequently, he fled away by throwing the dagger near the place of occurrence. Subsequently, on 5-9-1999, the police succeeded in arresting the accused and he made a confessional statement admitting his guilt in respect of committing murder of the deceased. 4. on..

Category: Criminal Law | Date: | Hits: 93

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ...... of the place of occurrence, examined the witnesses under section 161 of the Code of Criminal Procedure, arrested some of the accused and produced them before competent Magistrate for recording their confessional statements under section 164 of the Code of Criminal Procedure and thereafter submitted..

Category: Criminal Law | Date: | Hits: 67

Shahidul Vs. State, 1998, 27 CLC (HCD)

....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......les were likely to endanger life or cause serious injury to person or property in danger. He thereafter submits that there is no evidence against the accused petitioner save and except extra judicial confession of a co-accused namely, Al-Amin which has got no evidentiary value against the accused pe..

Category: Criminal Law | Date: | Hits: 33

Abu Sayed Vs. State, 2001, 30 CLC (HCD)

....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ed to keep qui He could not identify anyone. P.W.s 9 to 11 went tendered but not cross-examined. P.W. 16 is a witness to a seizure list. On 6-4-89 accused Majid, and on 17-7-89 accused Farid and Tara confession and P.W. 13 Mizanur Rahman who the Thana Nirbahi Officer at the time and inch of the Upaz..

Category: Criminal Law | Date: | Hits: 41

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......y somebody. He further says that police after his arrest mercilessly tortured him and he was rendered blind by assault. He was also assaulted in the Singra Police Station and he was compelled to make confession. As he denied making any confession, he was tortured by police by putting hot water and g..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ...... Procedure. He proved his statement, which was marked as Exhibit 5. He said that the statement was voluntarily made. In cross-examination, he stated that he recorded the statement of a witness, not a confession. 17. PW 9 Dr Azizur Rahman stated that as Sub-Divisional Medical Officer he held autop..

Category: Criminal Law | Date: | Hits: 41

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

....the co‑accused and during occurrence he was asked by those miscreants to remain standing with cloths of others and he did not receive any money as booty. Accordingly, he contends that Exhibit 8 was exculpatory in nature. Similarly, he argues that Exhibit 9 statement under section 164 Cr.P.C. of ac......ements Under section 164 Cr.P.C. of accused Sahabuddin Alam Kabiraj, Sharifuddin and Abdul Majid Sarder recorded by PW 16 Sudeb Sarker, Magistrate 1st Class. He frankly admits the legal position that confessional statement of any accused can be used as evidence against the maker if the same is found..

Category: Criminal Law | Date: | Hits: 42

State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)

....tness. It appears that accused Nuru Miah did not implicate himself with the com­mission of murder in terms of offence and the same is out and out exculpa­tory. It is a settled principle of law that exculpatory confession unconnected with commission of offence is no con­fession in the eye of law a......pears that accused Nuru Miah did not implicate himself with the com­mission of murder in terms of offence and the same is out and out exculpa­tory. It is a settled principle of law that exculpatory confession unconnected with commission of offence is no con­fession in the eye of law and it can no..

Category: Criminal Law | Date: | Hits: 47

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......tem examination. The Investigating Officer prepared the sketch map of the place of occurrence with separate index thereof, recorded the evidence of witnesses under section 161 of the Cr.P.C., got the confessional statement of accused Fazilutennessa recorded by a competent Magistrate and finally, sub..

Category: Criminal Law | Date: | Hits: 84

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... Khodeja Begum not guilty of charge mounted against her and she was favoured with a verdict acquittal, and (e) Accused Noor Alam, an accomplice and bodyguard of accused Ershad Ali Sikder, who made confessional statement and stood in witness box as approver. PW6 was exonerated of charge of section..

Category: Criminal Law | Date: | Hits: 69

Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)

....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......Daman Bishesh Adalat, Bagerhat for trial. 2. Heard Mr. Ozair Farooq, the learned Advocate appearing for the appellant and perused the appeal petition, first information report, charge‑sheet, confessional statement made by accused ldris Sheikh, Anis, Kalu and Harun Sheikh under section 164 C..

Category: Criminal Law | Date: | Hits: 43

State Vs. Shah Alam, 2003, 32 CLC (HCD)

.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......€‘12‑1998 against the condemned prisoner as the lone accused in this case under section 302 of the Penal Code. This witness during the investigation arrested the condemned prisoner and obtained his confessional statement recorded by PW8 Mesbahul Islam, Magistrate, 1st Class, on 1‑7‑1998. 4...

Category: Criminal Law | Date: | Hits: 54

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

....s of sections 337 and 338 of the Code of Criminal Procedure have not been complied with. He further submits that the statement of PW2 on the basis of which he has been granted pardon is a purely self-exculpatory statement and in that view of the matter, the learned Additional Sessions Judge has comm......at he made statement before a Magistrate on 26‑10‑99. He denied the defence suggestion that he did not pull rickshaw on 25‑2‑98. 19. Sabir Ahmed (PW23) is a Magistrate who has recorded the confessional statement of PW2 Md Nur‑e‑Alam. He stated that he recorded Nur‑e­-Alam's stateme..

Category: Criminal Law | Date: | Hits: 110