Sections 3/6
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The Explosive substances Act
Sections 3/6 r/w
The Special Powers Act
Section 25D r/w
The Penal Code
Sections 57, 302/109
Abetment of the offence– We are satisfied that accused respondent Amjad
Ali @ Md. Hossain @ Babu has been rightly found guilty by the special
tribunal as well as by the learned Sessions Judge for abetment of the
offence. However, since he did not directly participate either in the
explosion of bomb or in the murder, the learned Sessions Judge is not
justified in awarding him the death sentences in both the charges. As per
our sentencing rules which provide that the abettor should not be equated
with the principal offender so far as regards awarding the sentence
although there is no legal bar to award the same sentence. We convert the
conviction of the accused respondent Mohammad Hossain to one under sections
3/6 of the Explosive substances Act read with section 25D of the Special
Powers Act and sentence him to imprisonment for life. We also award him
sentence of imprisonment for life under sections 302/109 of the Penal Code.
It should be borne in mind that imprisonment for life within the meaning of
section 57 of the Penal Code means imprisonment for the whole of the
remaining period of the convicted person's natural life. ...State =VS=
Amjad Ali @ Md Hossain @ Babu, (Criminal), 2021(1) [10 LM (AD) 408]
....View Full Judgment
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State =VS= Amjad Ali @ Md Hossain @ Babu |
10 LM (AD) 408 |
Section 3
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It appears that though the local witnesses deposed that appellant
Mustafizur Rahman caused injury by using an explosive substance but this
has not been supported by the evidence of P.W. 8 Dr. Shah Md.
Akhtaruzzaman. He has not stated that injury No. 2 was caused by any
explosive substance. He stated that the injury could be caused probably by
a chemical substance. From his evidence it cannot be found that P.W. 1
sustained injury by an explosive substance. The Investigating Officer also
failed to get the injury and the shirt of P.W. 1 examined by an expert to
find out whether P.W. 1 sustained injury by explosive sub-stance. Unless
that is proved it cannot be found that appellant No. 2 Mustafizur Rahman)
alias Reza caused injury on the person of PW 1 by any explosive substance.
Aminul Islam @ Ranga & Ors. Vs. The State 8 BLT(AD)-129
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Aminul Islam @ Ranga & Ors. Vs. The State |
8 BLT(AD) 129 |
Section 3
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Although the local witnesses deposed that appellant Mustafizur Rahman
caused injury by using an explosive substance but the doctor opined that
the injury was caused by a chemical substance when the investigating
officer failed to get the injury and the shirt of PW 1 examined by an
expert to find out whether PW 1 sustained inury by explosive substance it
cannot be said that it is proved that Mustafizur Rahman caused injury by
explosive substance.
Aminul Islam alias Ranga and others vs State 5 BLC (AD) 179.
|
Aminul Islam alias Ranga and others vs State |
5 BLC (AD) 179 |
Sections 4/6
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The Explosive Substances Act, 1908
Sections 4/6 r/w
The Arms Act, 1878
Section 19A
Pending any prohibitory order from the Apex Court–– The court has
knowledge of the order it is bound to obey it and if it does not, it not
only acts illegally, and all proceedings taken after the knowledge of the
order but also all proceedings taken even without knowledge too would be a
nullity in toto. ––The order of the High Court Division for dismissing
the criminal appeal no. 7403 of 2021 allowing the petition for
non-prosecution on 27.06.2022 is set aside and the Criminal Appeal no.7403
of 2021 is hereby restored to its original file and number and in the
category of Rule hearing. The order of stay granted by this Division to be
continued till disposal of the Rule. ––The High Court Division is
further directed to dispose of the Rule on merit. The copy of this judgment
be communicated to the Judges of the criminal Benches of the High Court
Division at once for further reference and steps. .....The State =VS= Omit
Hasan @ Azmir, (Criminal), 2022(2) [13 LM (AD) 588]
....View Full Judgment
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The State =VS= Omit Hasan @ Azmir |
13 LM (AD) 588 |