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Displaying 1621-1640 of 1965 results.
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ed only -upon the dying declaration there should have been some evidence of motive although motive may not be proved in cases of direct evidence or as an ingredient of the offence. The failure of the prosecution is otherwise so overwhelming in this case that it is too much to ask for any such eviden..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ...... by a Division Bench of the High Court Division in Death Reference No. 31 of 2003 (heard with Jail Appeal No.205 of 2003) accepting the death reference and dismissing the jail appeal. 2. The prosecution case, in brief, is that the informant P.W.1 Md. Gous Uddin lodged F.I.R. stating that d..Category: Criminal Law | Date: | Hits: 57
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......ents under Sections 409/420/109 of the Penal Code read with Section 5(2) of Act II of 1947 to which the accused respondents pleaded not guilty and claimed to be tried. In support of the charge the prosecution examined 13 witnesses. After conclusion of the examination of prosecution witnesse..Category: Criminal Law | Date: | Hits: 35
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......intiffs including plaintiff No. 9 did not sign the plaint and that they did not sign the vokalatnarna engaging learned Advocate to plead the case on their behalf and to take necessary steps for the prosecution of the suit. 12. From the marginal note of Order I, rule 12 of the Code o..Category: Property Law | Date: | Hits: 46
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......n committed error in the decision ignoring the fact that out of 15 witnesses, none, including the informant and the victim herself or even the Medical Officer who examined the victim, supported the prosecution case and P.W 15 being the investigating officer is formal witness who, therefore, prov..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ed. 24. Mr. Md Siddique Hossain a Senior Advocate of local Bar was appointed as State defence lawyer to represent all accused as they did not appoint any lawyer of their choice. During the trial prosecution produced 44 witnesses while defence did not examine anyone. As already mentioned above, ..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ...... others were put on trial under sections 302/149/323/448/360/148 of the Penal Code. 4. The defence case is that, the occurrence did not take place at the time, place and manner as alleged by the prosecution and that the accused persons have been falsely implicated in this case out of previous..Category: Criminal Law | Date: | Hits: 117
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......cedure It was injudicious to rely upon confession without calling the magistrate as a witness. The accused have been denied the opportunity to cross examine the magistrate. In criminal trial the prosecution is obliged to establish by evidence that the crime has been committed. Commission of dac..Category: Criminal Law | Date: | Hits: 49
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......is office. Dealing Assistant, accused Ratan Chandra Sarkar, denied having written the lease-deed containing the interpolation. 4. Upon consideration of the evidence given by seven witnesses of the prosecution the learned Special Judge, by his order dated 29 May 1986, acquitted the Assistant, ac..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......d other accused were arrested from their houses. On completion of investigation Police submitted charge sheet against the accused persons under sections 302/34 of the Penal Code. 4. At the trial prosecution examined 7 (seven) witnesses and tendered 3 (three) witnesses (P.Ws. 6, 7 and 8) for cro..Category: Criminal Law | Date: | Hits: 65
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......e appellant was falsely identified in the dock by P.W 6, Tofazzal Hossain of Tofazzal Trading at the instance of the interested Bank Officials. 5. At the trial 8 witnesses were examined by the prosecution and a number of documents proved. Upon a consideration of the evidence on record and the..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......ce, 1983 and sentencing him to suffer Imprisonment for life and also to pay a fine of Tk. 5,000/- in default to suffer rigorous imprisonment for 5(five) months more. 3. The prosecution story in brief is that the petitioner, as informant, lodged a First Information R..Category: Procedural Law | Date: | Hits: 100
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......f the record it appears that the aforesaid judgment of the High Court Division dated 27.11.2002 was received by the Tribunal on 06.03.2003 and on 09.06,2003 two witnesses were produced by the prosecution out of whom P.W.1 the informant has been examined in part and on 24.08.2002 four witnes..Category: Criminal Law | Date: | Hits: 41
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......za Bendabari under Police Station-Kotwalipara, District-Gopalganj belonging to Md. Chand Miah P.W.1. 3.The learned Additional District Magistrate after examining 16 witnesses produced by the prosecution by the judgment and order dated 25.05.1997 convicted all the accused under Sections 467..Category: Criminal Law | Date: | Hits: 31
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......d sentencing them to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Tk. 5,000/-, in default, to suffer rigorous imprisonment for a period of 6 months. 2. The prosecution case, in short, is that the informant Md. Fazlur Rahman Mia, son of late Masem Ali Mia,..Category: Criminal Law | Date: | Hits: 23
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......rmant. It also appears that the police has submitted charge-sheet against the respondent and others under different sections including section 302 of the Penal Code. The case as set out in the prosecution report is that the respondent has committed an offence of murder under section 302/34 o..Category: Criminal Law | Date: | Hits: 68
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus never shifted on the condemned prisoner in the absence of any proof beyond re..Category: Criminal Law | Date: | Hits: 71
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......nd perused the judgment of the High Court Division. It appears that the High Court Division found that the trial of the said case has already been started and witnesses were examined on behalf of the prosecution. Having considered this aspect, the High Court Division refused to quash the proceeding...Category: Criminal Law | Date: | Hits: 92
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