Act/Law wise: Judgment of Supreme Court of Bangladesh (HCD)



Penal Code, 1860 (BD)
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
section 302

In the absence of any motive, conspiracy, pre-plan or pre-meditation on part of accused it can be deduced that the appellant had no ‘intention to commit murder’:
It is to be noted that to find an accused guilty of offence of murder punishable under section 302 Penal Code it must be proved that there was an intention to inflict that particular bodily injury which in the ordinary course of nature was sufficient to cause death. But in the case in hand, we do not find the injury sustained by the victim was sufficient to cause his death. Injured victim however died in hospital 18 days after he sustained injury. The post Mortem doctor admits in cross-examination that no appropriate treatment was provided to injured victim when he had been in hospital. It appears from the evidence on record that prosecution failed to prove any motive, premeditation, pre-plan or any conspiracy on the part of accused appellant to kill victim Alimullah. In the absence of any motive, conspiracy, pre-plan or pre-meditation on part of accused-appellant Joni while inflicting injury resulting the death of the victim 18 days after the occurrence, we find that the accused-appellant Joni had no ‘intention to commit murder’ but he committed the offence of ‘culpable homicide not amounting to murder’. .....Md. Zoni Vs. The State, (Criminal) 19 SCOB [2024] HCD 1 ....View Full Judgment

Md. Zoni Vs. The State 19 SCOB [2024] HCD 1
section 302

In the case in hand, it depicts that the injury caused by the accused-appellant was not the immediate cause of victim’s death. Rather, the post mortem report speaks that the victim died due to spinal cord injury resulting from the injury inflicted by ‘Batal’ blow on his back. In the backdrop of attending facts and circumstances unveiled, it can be justifiably concluded that if the appellant really had any ‘intention to cause death’ of the victim, he could have inflicted repeated ‘Batal’ blows on vital part of the body of the victim. But the accused did not do it. Such sudden culpable conduct of the accused leads to the conclusion that he had no intention to cause victim’s death by inflicting such single ‘Batal’ blow. .....Md. Zoni Vs. The State, (Criminal) 19 SCOB [2024] HCD 1 ....View Full Judgment

Md. Zoni Vs. The State 19 SCOB [2024] HCD 1
section 302

It is to be noted that to find an accused guilty of offence of murder punishable under section 302 Penal Code it must be proved that there was an intention to inflict that particular bodily injury which in the ordinary course of nature was sufficient to cause death. .....Md. Zoni Vs. The State, (Criminal) 19 SCOB [2024] HCD 1 ....View Full Judgment

Md. Zoni Vs. The State 19 SCOB [2024] HCD 1
Section 302

The prosecution successfully could prove the charges as brought against the condemned-accused-prisoner Shadat Hossain @ Shajibin respect of the killing of the victim Faisal Elahi under section 302 of the Penal Code beyond all reasonable doubt.
The High Court Division opines that the prosecution successfully could prove the charges as brought against the condemned-accused-prisoner Shadat Hossain @ Shajibin respect of the killing of the victim Faisal Elahi under section 302 of the Penal Code beyond all reasonable doubt. So, the trial Court rightly passed the judgment and order of conviction and sentence dated 01.12.2013 in Metro Sessions Case No. 1725 of 2008 arising out of Adabor Police Station Case No. 17(10) of 2007 dated 11.10.2007 against the condemned-prisoner which calls for no interference by this Court. In the result, the Death Reference No. 62 of 2013 is accepted. The State -Vs.- Md. Shadat Hossain alias Shajib (Criminal) 2019 ALR (HCD) Online 139 ....View Full Judgment

The State -Vs.- Md. Shadat Hossain alias Shajib 2019 ALR (HCD) Online 139
section 302

In our opinion, having regard to the totality of circumstances, viz., the single injury the victim sustained, that the victim died 18 days later, that the weapon (Batal) was not carried by the accused-appellant in advance, that there was no premeditation, that the accused could not control himself on seeing Eva whom he wanted to get married moving with one Shamim, one prudent person can only say that the accused-appellant must be attributed the knowledge that he was likely to cause an injury which was likely to cause death, but not with intention to cause death of the victim. .....Md. Zoni Vs. The State, (Criminal) 19 SCOB [2024] HCD 1 ....View Full Judgment

Md. Zoni Vs. The State 19 SCOB [2024] HCD 1
Section 302

Code of Criminal Procedure, 1898
Section 164
Penal Code, 1860
Section 302
In the case before us, we however, have found that the order of conviction and sentence is not based solely on the confessional statement of the convict, rather it is based on the testimony of the witnesses. Moreover, the material exhibits, inquest reports, post mortem reports all these evidence clearly establish the complicity of the convict in the commission of the offence, he has been charged with. In this case, the confessional statement under section 164 of the Code of Criminal Procedure, is supported by other evidences and corroborated by the oral evidences. Moreover, when the truth of the statement made in the confessional statement are established by other relevant, admissible and independent evidences, then the voluntary nature of the same is proved. We have found the confessional evidence as true and voluntary. ...State and others Vs. Golam Mostafa Mithu and others, (Criminal), 18 SCOB [2023] HCD 8 ....View Full Judgment

State and others Vs. Golam Mostafa Mithu and others 18 SCOB [2023] HCD 8
Section 302

Code of Criminal Procedure, 1898
Section 61, 167, 164
Penal Code, 1860
Section 302
Effect of delay in producing the accused:
We are of the opinion that, even if, there were some unintentional delay or failure of the police to produce the accused within 24 hours, this mere delay alone should not be a ground to brush aside a confessional statement which has been found to be truth and voluntary in nature, since established by other evidence. ...State and others Vs. Golam Mostafa Mithu and others, (Criminal), 18 SCOB [2023] HCD 8 ....View Full Judgment

State and others Vs. Golam Mostafa Mithu and others 18 SCOB [2023] HCD 8
Section 302 and section 304 Part II

All murders are culpable homicides but all culpable homicides are not murder:
It is now settled that all murders are culpable homicides but all culpable homicides are not murder. Culpable homicide is a genus and murders its specie. That is to say all murders are culpable homicide, but all culpable homicides are not murder. .....Md. Zoni Vs. The State, (Criminal) 19 SCOB [2024] HCD 1 ....View Full Judgment

Md. Zoni Vs. The State 19 SCOB [2024] HCD 1
Section 307

Code of Criminal Procedure [V of 1898]
Section 239(d) and 235(3) read with
Penal Code [XLV of 1860]
Section 307
Village Court Act, 2006
Though charges were under section 323/379 of the Penal Code separately framed against the accused petitioners but the incident of this case took place at the same time and place of occurrence. Admittedly, section 307 is not triable by the Village Court and since the offence was committed by the accused petitioners in course of same transaction, there is no scope to send the case record to the Village Court for disposal of this case.
The High Court Division held that since the village court has no jurisdiction to try the offence under section 307 of the Penal Code, the High Court Division is unable to accept the submission of the learned Advocate for the accused petitioner that the of-fences of this case being triable by the Village Court should be sent to the concerned court for trial. In view of the discussion made above and considering the facts and circumstances of the case, the High Court Division finds no merit in this Rule. In the result, the Rule is discharged. Md. Ishaque Hawlader and others -Vs.-The State and another (Criminal) 2019 ALR (HCD) Online 341 ....View Full Judgment

Md. Ishaque Hawlader and others -Vs.-The State and another 2019 ALR (HCD) Online 341
Sections 409/420/109

Penal Code
Sections 409/420/109
Money Laundering Protirodh Ain, 2012
Sections 4(2) and 4 (3)
Prevention of Corruption Act, 1947
Section 5(2)
It is now well settled that a criminal case having criminal liability cannot be avoided due to departmental proceeding against the accused. ...Sultana Fahmida Vs. The State & anr, (Criminal), 18 SCOB [2023] HCD 54 ....View Full Judgment

Sultana Fahmida Vs. The State & anr 18 SCOB [2023] HCD 54
Sections 409/420/109

CrPC
Section 439
Penal Code
Sections 409/420/109
Money Laundering Protirodh Ain, 2012
Sections 4(2) and 4 (3)
Prevention of Corruption Act, 1947
Section 5(2)
Exercise of revisional jurisdiction of High Court Division to ensure justice under Section 439 of CrPC:
On an application by a party or which otherwise comes to its knowledge, High Court Division is legally competent to exercise its revisional jurisdiction under Section 439 of the Code of Criminal Procedure to examine the facts and circumstances of the case and the judgment and the order if there is any error which may not ensure justice to the litigant public in not following the correct principles of law and fact in assessing the material and evidence in proper perspective and in that case, High Court Division may, in its discretion, exercise any of the powers conferred on a court of appeal by Sections 423, 426, 427 and 428 or on a court by Section 338. ...Sultana Fahmida Vs. The State & anr, (Criminal), 18 SCOB [2023] HCD 54 ....View Full Judgment

Sultana Fahmida Vs. The State & anr 18 SCOB [2023] HCD 54
Sections 409/420/109

Penal Code
Sections 409/420/109
Money Laundering Protirodh Ain, 2012
Sections 4(2) and 4 (3)
Prevention of Corruption Act, 1947
Section 5(2)
Failure of Prosecution to implicate responsible Persons within the Chain of Occurrence:
Under the circumstances, it is worthwhile to mention that the prosecution case cannot continue on a defective foundation of a case since the necessary and responsible persons who are involved in the alleged offences within the chain of occurrence are not implicated in this case making them accused. ...Sultana Fahmida Vs. The State & anr, (Criminal), 18 SCOB [2023] HCD 54 ....View Full Judgment

Sultana Fahmida Vs. The State & anr 18 SCOB [2023] HCD 54
Sections 463, 471, 475 and 476

Penal Code [XLV of 1860]
Sections 463, 471, 475 and 476
Code of Criminal Procedure [V of 1898]
Section 195(1)(c)
A Court cannot take cognizance of an offence under sections 463, 471, 475 or 476 of the Penal Code, unless the following three conditions are fulfilled, namely:-
(a) the alleged offence under the said sections of the Penal Code was committed by “a party to any proceeding in any court” and
(b) a document was “produced or given in evidence in such proceeding” i.e. in a pending case or in an earlier case by that person, and
(c) the court can take cognizance of the said offence only when the complaint is made by the court in whose proceeding the document was produced or given in evidence or upon a complaint of a superior court. Aleya Begum -Vs.- The State represented by the Deputy Commissioner, Bagerhat & ors (Criminal) 2019 ALR (HCD) Online 26 ....View Full Judgment

Aleya Begum -Vs.- The State represented by the Deputy Commissioner, Bagerhat & ors 2019 ALR (HCD) Online 26