| Citation(s) |
|---|
| 1958 SLG 4024 = 1958 SLD 4024 = 1958 PLD 1 |
Dacca High Court
Criminal Appeal No. 239 of 1956, decided on 29th July 19.57.
Presented By: ISPAHANI, J.
(a) Criminal Procedure Code (V of 1898), S. 276 proviso secondly-18 special jurors summoned, only 4 appeared- 3 were chosen from those present in Court to make up a panel of 7 Jury properly constituted-Second proviso to S. 276 applies to special juries as much as to common juries. Of the 18 special jurors summoned, only 4 having attended, the Court made up the deficiency by getting 3 jurors from amongst those present in Court. It was recorded in the order sleet that
Criminal Appeal No. 239 of 1956, decided on 29th July 19.57.
Presented By: ISPAHANI, J.
(a) Criminal Procedure Code (V of 1898), S. 276 proviso secondly-18 special jurors summoned, only 4 appeared- 3 were chosen from those present in Court to make up a panel of 7 Jury properly constituted-Second proviso to S. 276 applies to special juries as much as to common juries. Of the 18 special jurors summoned, only 4 having attended, the Court made up the deficiency by getting 3 jurors from amongst those present in Court. It was recorded in the order sleet that
MAMTAJUDDIN KHAN-Appellant
VERSUS
THE STATE-Respondent
Law: Pakistan Penal Code, 1860
Section: 302,109
Law: Code of Criminal Procedure, 1898
Section: 276,326,510
JUDGMENT ISPAHANI, J.-This is an appeal by the accused who was tried with one other Sharif by the First: Additional: Sessions Judge, Dacca. The appellant was charged under section 302/109-trial was held with the charged aid of seven special jurors of whom found the appellant guilty under section 302 and found they other accused not guilty. The learned Judge accepting that majority verdict convicted the appellant Dr. Momtazuddin Khan under section 302 and sentenced him to transportation -for life and. acquitted the other accused Sharif under sections 302/109. The prosecution case is that the "pedant is a homoeo pathic doctor and the complainant with his family consisting of his wife and daughter, the decreased Anwara Begum. lived with him. It is stated that the complainant quarrelled with the appellant and left his house leaving behind his daughter Anwara Begum who continued to stay with the appellant. It is stated that on the night following Monday, the 18th Sraban, 1360 B. S., corresponding to 3rd August 1953, the complainant, while staying at his shophouse at Radhagobinda Bazar, was informed that his daughter was attacked with cholera at the appellant's house. " The complainant went there on the following morning and found Anwara Begum dead. The Police were informed and a U.D. case was recorded and the Police came to the house of the appellant rid an inquest on the dead body was held and they forwarded' the same to Mitford Hospital for post mortem examination which was held by Dr. A. Ahad, a teacher of Medical Jurisprudence, on 5th August 1953. In course of the post mortem examination, no marks of injury were seen on the body. The viscera was, therefore, preserved and forwarded to the Chemical Examiner, Government of East Pakistan, on 31st August 1953, in two sealed glass jars. The doctor reserved his opinion pending result of the chemical analysis. On 30th January 1954, the Chemical Examiner's report was received to the effect that arsenic poison was found in the viscera of Anwara Begum and the Chemical Examiner's report was forwarded to the officer-in-charge of Raipura. Then the police, on receipt of e Chemical…