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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....n awarding twenty years of sentence upon the accused appellant petitioner after converting his offence under section 302/34 to 304 part I of the Penal Code which means he was found guilty of culpable homicide not amounting to murder and in that case the section 304 part I prescribes two sentences im..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....e condemned-appellants guilty of killing Nasima. 95. At this stage, a very relevant question arises as to whether the accused Tipu, Shahid and Khorshed are guilty of the offence of culpable homicide amounting to murder or of the offence of culpable homicide not amounting to murder? 96..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ved by the prosecution attract an offence punishable under sections 302/34 of the Penal Code. 4. It is argued that the facts proved by the prosecution do not come within the mischief of culpable homicide amounting to murder and therefore, the conviction is illegal. It is further contended that ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
.... selection of the head in causing the injury and the medical evidence proved by the P.W.8, in my opinion, attract clause 'third' of section 300 of the Penal Code which provides, culpable homicide is murder, 'If it is done with the intention of causing bodily injury to any perso..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
State Vs. Alam, 2011, 40 CLC (HCD)
....durate husband and brother-in-law continued in their nefarious activity unfazed and undeterred by the assemblage in front of their window. These factors coupled with evidence of suicide as opposed to homicide being the most likely cause of Vanu's death being overlooked by the Tribunal, it is submitt..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....xpressed the concurrent view that section 32, sub section (1) of the Evidence Act, 1872, includes suicidal besides homicidal death. Hence all the circumstance which may be relevant to prove a case of homicide would be equally relevant to prove a case of suicide. 33. As recorded above, upon assess..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....tion case of causing death of the deceased for dowry. 30. So, the act of causing death of the deceased does not come within the mischief of section 11 (ka) of the Ain. It is an offence of culpable homicide amounting to murder or not amounting to murder punishable under section 302 or 304 of the P..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
.... 304B Causing death by rash driving or riding on a public way- Whoever causes the death of any person by rash or negligent driving of any vehicle or riding on any public way not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to th..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....Penal Code, and in support of his contention, he has referred to the decision in the case of Bandez Ali @ Md. Bandez Ali Vs. State, reported in 1986 BLD (AD) 5, wherein it has been held that culpable homicide is not murder if it is committed without premeditation in a sudden fight, in the beat of pa..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....ashid to deal repeated blows if he had the intention to kill he merely had struck one blow which eliminates the intention to kill. Therefore, the intention to kill is lacking and it is not a culpable homicide amounting to murder but is a culpable homicide not amounting to murder.Therefore, it falls ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....pal offender was acquitted by the court and on that ground it was argued that the other accused cannot be convicted. This court has observed that once the court finds that an offence such as culpable homicide has been committed by any member of an unlawful assembly in prosecution of the common objec..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....o be committed by specified persons but section 102 prescribes a separate sentence for the offence of murder. Section 300 of the Penal Code defines murder with reference to the definition of culpable homicide. Section 302 prescribes a sentence of death or imprisonment for life at the discretion of t..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....ort. In this connection we may quote section 304A of the Penal Code which is as follows: 304A. whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....the opinion of the Medical Board, the death was due to hemorrhage and shock as a result of injuries, which were ante-mortem and homicidal in nature. There is further opinion that she was raped before homicide. In this case the investigating officer submitted charge-sheet under sections 6(1)(2)/14 of..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....homicidal in nature. So we have no hesitation in holding that death of the victim was not due to any illness but was due to injury sustained by her. Hence it was not a case of natural death but was a homicide. 17. Now the next question is, who has caused the homicide of the victim Sukitan in th..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
.... he caused the death of Sohel while he was deprived of the power of self control by grave and sudden provocation offered by P.W. 3 Asia Khatun and that the appellant committed the offence of culpable homicide not, amounting to murder punishable under section 304 of the Penal Code. He has further sub..Category: Criminal Law | Date: | Hits: 2
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nd the procedure which are mandatory for criminaltrials, were not followed. “It was an absolutely weird situation,which can only be branded as a cruel joke, which eventually ledto an extra judicial homicide,” Dr. Malik uttered. He alsoechoed the theme that after the decisions in 5th and 7thAmend..Category: Criminal Law | Date: | Hits: 154
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....……………………………Petitioner Vs. The State……………………………Opposite Parties Judgment December 17, 2008. Result: The Rule is discharged. Culpable homicide Section 299 of the Penal Code which deals with culpable homicide requires that there sh..Category: Criminal Law | Date: | Hits: 66