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 |