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Displaying 161-180 of 255 results.
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....xt. 2 nor his attention was drawn to the statement of Md. Dulal recorded under section 164 of the Code of Criminal Procedure. Besides this Ext. 2 the confessional statement of appellant Nannu Miah is exculpatory in nature. There is no substantive evidence against this appellant Nannu Miah and, as su......as sent for postmortem examination. 10. Police investigated into the case and during investigation involvement of accused Nannu, Mostafa Ali, Abu Jamal, Rahim and others was revealed. Nannu made a confessional statement admitting the entire occurrence. 11. PW 5 is Nasiruddin. He stated in his ..Category: Criminal Law | Date: | Hits: 55
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ge in passing the judgment of acquittal were,- (i) Abdul Khaleque confessed his guilt and his confessional statement was recorded by a Union Parishad Member, Noor Husssin and the said statement is exculpatory and has got no conformity with the prosecution story. (ii) The confessional statement......rge of the above sections. 3. The grounds which found favour with the learned Additional Session Judge in passing the judgment of acquittal were,- (i) Abdul Khaleque confessed his guilt and his confessional statement was recorded by a Union Parishad Member, Noor Husssin and the said statement ..Category: Criminal Law | Date: | Hits: 42
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......us case No. 142 of 1998 filed by the accused-petitioner Md. Badsha has been grounded on the point that he had been falsely implicated in the case and under inhuman torture, he was compelled to make a confessional statement impleading himself and other accused-persons in the commission of murder of t..Category: Criminal Law | Date: | Hits: 65
State Vs. Babul Miah, 2010, 39 CLC (AD)
....elieved the circumstantial evidence and extra-judicial confession. 11. Now turning to the confessional statement it is found that there are two parts in this statement. The first part contains the exculpatory element of confession and the latter part contains the inculpatory confession, which is ......warded on the other count. The learned Judges of the High Court Division rejected the death reference and acquitted the respondent of the charges. 2. Prosecution case rests upon the extra judicial confession said to have been proved by Noor Mohammad (P.W.3), Bachchu Mia(P.W.4), Kamal Hossain (P.W..Category: Criminal Law | Date: | Hits: 58
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... 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: 51 DLR (1999) 544.......d sent it to morgue for holding post-mortem examination, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure, arrested the accused person who made confessional statement which was recorded under section 164 of the Code of Criminal Procedure by a c..Category: Criminal Law | Date: | Hits: 32
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......d the case and submitted charge- sheet against three accused persons including the present appellant. 4. Out of the 3 accused persons, appellant Angur Mia village Dighir Par P.S. Bajitpur made a confessional statement which was duly recorded by a Magistrate under section 164 of the Code of Crim..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... appellant u/s. 395/397 of the Penal Code. In the meantime accused Haider Ali, Jalal, Azad and Sattar, Murad, Khoka & Siddique were arrested by the police and all of them including the appellant made confessional statements marked -Ext. 5 series admitting their guilt on 25.12.78. 3. At the trial ..Category: Criminal Law | Date: | Hits: 31
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....dent and neutral witness as a rule of prudence. 36. Now turning to the confessional statements both Selim and appellant Tota, we have found on perusal of those statements that the case is not only exculpatory but also contradictory to each other in confessional statement of PW 3 Selim marked as E......mitted charge-sheet against five accused-appellants and another Selim under section 302 of the Penal Code to stand trial after completion of investigation of the case. Accused Md. Selim and Tota made confessional statements under section 164 Cr.P.C. during investigation. 5. Trial Court framed cha..Category: Criminal Law | Date: | Hits: 35
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......ode of Criminal Procedure and his statement thereunder was recorded. Other accused namely, Suruj Miah and Sadek still remained absconding. It may be mentioned that accused Zakir Hossain retracted his confessional statement on 30-11-89 and the same was kept with the LC record. 9. Upon consideratio..Category: Criminal Law | Date: | Hits: 34
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132....... case of Manik Gazi vs. Emperor reported in AIR 1942 Cal 36. Similar view has also been taken in the case of Emran Ali alias Md. Emran and others vs. State 3 7 DLR 1 wherein it has been held: "The confession or statement, as the case may be, will be admitted into evidence without examining the Ma..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......d Rokeya Begurn, Khodeja, second wife of Shah Alam, Mir Hossain alias Mira and Alamgir had been depicted as killers of deceased Rokeya Begurn. 4. Accused Mir Hossain and Khodeja by way of judicial confessional statements under section 164 of The Code of Criminal Procedure implicated themselves in..Category: Criminal Law | Date: | Hits: 31
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......ok photos of the place of occurrence, paddy land including the skeleton and wearing apparels of victim Salma. Photographs had been marked as Material Exhibit III (a). 7. Condemned Prisoner made a confession which was recorded by Mr. Nani Gopal Biswas, Magistrate, First Class, Manikganj, PW 13 un..Category: Criminal Law | Date: | Hits: 82
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
.... made a confessional statement Ext. 2 which was recorded by P.W. 7 Akhter Hossain Mia and in which he clearly implicated himself in the dacoity in question. The confession Ext. 2 is inculpatory not exculpatory. It has been urged by Mr. S.M.A. Malek that Nurul Huq was taken before P.W.7 at 11 A.M. ......ppellants were shown to the identifying witnesses before the T.I parade was held. Appellant No. 2 Nurul Huque made a confessional statement before Magistrate P.W. 7 Akhtar Hossain. He retracted the confession because it was not obtained voluntarily from him. 5. The learned Additional Session..Category: Criminal Law | Date: | Hits: 49
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... the time of starting recording of the confession was not written in the confessional statement. After recording confession accused Monir was sent to the jail at 7-45 PM. Whether the confession was exculpatory or inculpatory would be decided by the Court. He denied the suggestions that the provisi......at at the instance of the brothers of Rasel unidentified assailants shot him. 25. PW 16 AKM Sohel stated that on 27-82000 he was Magistrate, 1st Class, Narayanganj. On that date he recorded the confessional statement of accused Monir Hossain. He proved that confessional statement, which was ..Category: Criminal Law | Date: | Hits: 40
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......after the commission of the offence by the accused Khokan and Swapan, this admission of co-accused to a police officer is not admissible into evidence under section 25 of the Evidence Act. 24. No confession made to a police officer shall be proved as against a person accused of any offence under..Category: Criminal Law | Date: | Hits: 90
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......judgment of conviction and sentence is not in accordance with the provision of section 367 of the Code of Criminal Procedure and, as such, the same is liable to be set aside. Accused-appellant made a confessional statement out of police inducement and threat and, as such, the same cannot be treate..Category: Criminal Law | Date: | Hits: 29
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......cross-examination is that of innocence and they have been implicated in the case falsely by the police. The appellants have also stated in their examination under section 342 Cr.P.C. that the alleged confessional statements made by them were not voluntary and true. 7. On consideration of the evid..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ....... The defence case, as it appears from the trend of cross-examination, is that they did not commit the offence as alleged by the prosecution and they have been falsely implicated in this case and the confessional statements have been extracted from them by threat, intimidation and police torture. ..Category: Criminal Law | Date: | Hits: 38
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......he dead bodies, sent the dead bodies to the morgue. In course of investigation, the investigating officer arrested the appellant Khalilur Rahman and produced him before a Magistrate for recording his confessional statement. Dilruba (PW 18) recorded the confessional statement of Khalilur Rahman. The ..Category: Criminal Law | Date: | Hits: 38
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....slam Fiktu. Only evidence that has been brought by the prosecution against him is his confessional statement which has been marked in this case as Ext.5/1. This confessional statement is an and out exculpatory one inasmuch as the appellant Jahurul Islam alias Fiktu in his confessional statement di......e investigation of the case. He arrested appellant Dablu in the morning following occurrence and produced him before the Magistrate, 1st Class, S. T. Tarikul Islam, Chuadanga, Kushtia for recording confessional statement. Magistrate recorded his confessional statements on observing all legal for..Category: Criminal Law | Date: | Hits: 61
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