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State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......hile proceeding towards the hut of the deceased they saw 6 (six) accused (respondents herein) and accused Abdus Samad Mondal (acquitted) leaving the hut of the deceased. 4. The further case of the prosecution is that Abdus Samdad Mondal and the other accused (respondents herein) armed with daos a..Category: Criminal Law | Date: | Hits: 44
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......neral for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division on consideration of the materials on record held that the' prosecution succeeded in proving its case beyond all reasonable doubt against the accused per..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......labi Police Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The prosecution case, in brief, is that one Mr. Yunnus Ali, the father of the victim girl lodged F.I.R...Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......hat exhibit-Kha-dated 31.05.1917 was a forged document, D.W.1 Abdul Awal Minto on behalf of the defendant No.14 gave the deed into evidence and thereby committed serious offence making him liable for prosecution under Section 195(1) (c) read with Section 476 of the Code of Criminal Procedure and dir..Category: Property Law | Date: | Hits: 75
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ond Officer of Banaripara Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the relevant time. The prosecution case centres round her death which resulted from multiple acid-burn injuries, allegedl..Category: Criminal Law | Date: | Hits: 50
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......the treatment meted out in consideration of his evidence is unsatisfactory. 8. He further submits that P.W. 5 Sonatan Mondal gave a different version contradictory to that of the prosecution case. Similarly P.W.7 Chowkidar, Abu Jafar also belied the prosecuting story and P.W. 1..Category: Criminal Law | Date: | Hits: 52
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......-on-Record submits, inter alia, that the High Court Division committed error in passing the impugned judgment failing to consider that sanction of the appropriate Government is a pre-requisite for prosecution of the public servant like accused petitioner and that the High Court Division is wrong..Category: Criminal Law | Date: | Hits: 39
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......as Badal but it was added in the so-called FIR lodged afterwards on 10.09.1994 along with 3 other new accused. This after though addition of 4 new accused speaks a volume of fabrication of the prosecution case. As such the High Court Division correctly observed as under: - "..Category: Criminal Law | Date: | Hits: 48
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......r section 302 of Penal Code sentencing him to suffer imprisonment for life and pay a fine of Tk. 5,000/00 and in default to suffer rigorous imprisonment for further 6 months. 2. Case for the prosecution in short is that on 09-07-1990 at 11 p.m Sayed Ali Dewan lodged and F.I.R alleging that..Category: Criminal Law | Date: | Hits: 43
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......t. Thereafter a case was started and it was investigated by the police and the police after investigation submitted charge sheet under Section 394 of the Penal Code. The case being sent for trial, prosecution produced 5 witnesses. The accused petitioner was in abscondance after being released on..Category: Criminal Law | Date: | Hits: 52
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......uch there is no ground for interference. 10. We have considered the submissions made at the Bar and perused the materials on record. 11. On perusal of the evidence it appears that the prosecution failed to establish the case beyond shadow of doubt and both to courts below considered..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......3. The case thereafter being sent for trial, charge was framed against the accused petitioner under Section 19(a) of the Arms Act to which he pleaded not guilty and claimed to be tried. Thereafter prosecution produced six witnesses. The accused respondent was present in court till examinati..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......ivision in Criminal Revision No. 1156 of 2000 discharging the Rule and directing the accused petitioner to surrender before the trial court to serve the remaining period of sentence. 2. The prosecution case is that the informant Mosammat Nurbanu got married to the accused petitioner A Ma..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....ouse. Further, the trial court as well as the High Court Division failed to take into consideration that all the prosecution witnesses are closely related to each other and not a single impartial witness came to support the prosecution case at trial even though P.W 4 stated that about ......section 326 of the Penal Code and sentenced him to suffer rigorous imprisonment for 5 years and a fine of TK. 1000/- in default to suffer rigorous imprisonment for one year more. 2. The prosecution case, in short, is that one Habibur Rahman, as informant, lodged First Information Rep..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... the recording of the dying statement by a Police Office who is no other than the investigating officer of the case for the prosecution amounts to violation of the very spirit of impartiality and authenticity of dying statement and as such the dying statement is inadmissible......llants, having place before us the judgment of the trial court as well as the impugned judgment of the High Court Division, submitted that the Courts below failed to asses the evidence of the prosecution case in its true perspective and as such there has been gross failure of justice becaus..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......f conviction under Section 302 of the Penal Code and sentence of imprisonment for life dated 22-4-1993 passed by the learned Sessions Judge, Rajshahi in Session Case No. 105 of 1991. 2. The prosecution case, in nutshell, is that informant P.W. 1 Abdur Rahman of village Kashimpur und..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ing him to suffer rigorous imprisonment for 1 (One) year and also to pay a fine of Tk. 500/- (five hundred) each and in default to suffer rigorous imprisonment for one moth more each. 3. The prosecution case, in short, is that the informant Anisur Rahman, A Sub-Inspector of police D.B. Br..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......to the aforesaid reasoned judgment is liable to be set aside. 6. He then submits that there is no evidence as to what was the place of occurrence nor the witnesses examined by the prosecution were as all independent and it was found as such by the Sessions Judge while acquitting..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......n police submitted charge-sheet against the accused respondent and another. 3. The defence of the accused respondent was that of innocence and false implication. 4. The prosecution produced 17 witnesses while the defence did not adduce any evidence. The learned Sessi..Category: Criminal Law | Date: | Hits: 29
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