| Citation(s) |
|---|
| 1966 SLG 5188 = 1966 SLD 5188 = 1966 PLD 305 |
Dacca High Court
Criminal Appeals Nos. 566, 567 and 580 of 1963, decided on 21st August 1964.
Presented By: A. K. M. Baquer and A. Subhan Chaudhuri, JJ
Abdul Hakinz Deputy Legal Remembrancer with Siddique Ahmad Choudhury, Syed A. N. M. Nasiruddin, Naimuddin Ahmed and Daliluddin Ahmad for the State.A. Salam Khan with Habibur Rahman Sharif for Appellant (in Appeal No. 567 of 1963). Farid Ahmad with Aminul Huq for Appellant (in Appeal. No. 580 of 1963). Serajui Huq for Appellant (in Appeal No. 566 of 1963).
Criminal Appeals Nos. 566, 567 and 580 of 1963, decided on 21st August 1964.
Presented By: A. K. M. Baquer and A. Subhan Chaudhuri, JJ
Abdul Hakinz Deputy Legal Remembrancer with Siddique Ahmad Choudhury, Syed A. N. M. Nasiruddin, Naimuddin Ahmed and Daliluddin Ahmad for the State.A. Salam Khan with Habibur Rahman Sharif for Appellant (in Appeal No. 567 of 1963). Farid Ahmad with Aminul Huq for Appellant (in Appeal. No. 580 of 1963). Serajui Huq for Appellant (in Appeal No. 566 of 1963).
MOKHLESUR RAHMAN SERANG AND OTHERS --Appellants
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 154
Law: Evidence Act (I of 1872)
Section: 60
Law: Penal Code (XLV of 1860)
Section: 120-B,302
Criminal Procedure Code (V of 1898), S. 154--Statement made during and after commencement of investigation-Cannot be treated as F.LR.-F.I.R., what amounts to-Information disclosing no offence, not to be treated as such-Information disclosing com mission of offence, even though on telephone, to be treated as F. L R. Evidence Act (I of. 1872), S. 60-Deposition of witness Witness not cross-examined to disclose source of her knowledge about incident deposed to-Evidence, in circumstances of case, not treated hearsay. Penal Code (XLV of 1860), Ss. 120-B 8c 302-Murder Criminal conspiracy-Common intention-Co-conspirator joining subsequently---Part played by him held to be in furtherance of common intention. Penal Code (XIV of 1860), Ss. 120-A 8c 120-B-Conviction for offence under S. 120-B- Mere association or forming common intention without anything more-Sufficient. JUDGMENT BAQUER, J.-Criminal Appeal No. 566 of 1963 by appellant Mokhlesur Rahman Serang, Criminal Appeal No. 567 of 1963 by appellant Doctor Abdul Mannan and Criminal Appeal No. 580 of 1963 by appellant Abdus Sattar alias Abdus Sattar Dobash are being disposed of by this one judgment. Appellant Mokhlesur Rahman Serang has been convicted under section 120-B of the Pakistan Penal Code and sentenced to transportation for life thereunder. Appellant Doctor Abdul Mannan and Appellant Abdus Sattar have been, convicted under section 120-B and also under section 302/34 of the Pakistan Penal Code. They have been sentenced to transportation for life under section 302/34 of the Pakistan Penal Code, no separate sentence having been passed under section 120-B of the said Code. The three appellants stolid charged under section 120-B of the Pakistan Penal Code for criminal conspiracy of murdering Abdul Mannan Dobash, and the said act was alleged to have been done in pursuance of that conspiracy. Appellant Abdus Sattar Dobash and Doctor Abdul Mannan stood charged under section 302/34 of the Pakistan Penal Code in addition for intentionally committing the murder of Abdul Mannan Dobash on 22-2-1961 in furtherance of the common intention of both of them in…