Law:

Section:

Criminal trial Prosecution must come to Court with clean hands First Information Report very different from evidence in case Conviction set aside. In a criminal trial the prosecution must come to Court with clean hands. Where, therefore, the manner, place and circumstances of the case as mentioned in the First Information Report were very different from those deposed to by witnesses in the Court it was held that the prosecution had not come to Court with clean hands and it was thus a fit case where the conviction of the accused and the sentence passed on then should be set aside. THIS JUDGMENT DELIVERED BY: ISPAHANI, C. J. This is an appeal by the accused persons and one other who were tried by the learned Additional Sessions Judge, Khulna and three assessors. The learned Judge convicted Tafsir and Bisha under section 324 of the Pakistan Penal Code and sentenced him to rigorous imprisonment for 21 years and to pay fine of Rs. 500 in default rigorous imprisonment for six months more. He convicted the appellant Abdus Sobhan, Siku and Sikmatullah and Rustam Sk. and Rustamali under section 147 of the Pakistan Penal Code and sentenced them to rigorous imprisonment for 18 (eighteen) months each. He also convicted them under section 323 of the Pakistan Penal Code and sentenced them to rigorous imprisonment for six months each. The sentences were ordered to run concurrently. He convicted appellant Jitu Sk. Mahbul and Mahabur Rahman and Habib and Habibur Rahman under section 147 of the Pakistan Penal Code and sentenced each of them to rigorous imprisonment for 18 (eighteen) months. It was ordered that the entire fine, if realised, to be made over to P. W. 1 Abdur Rashid by way of compensation on the life of his father Akijuddin. 2. The prosecution case briefly stated is that there is a tank close to the front of the house of the deceased Akijuddin which is ejmali with the other co sharers and on the south eastern bank of this tank there are 4 coconut trees, one was in exclusive possession of Akijuddin and the' other three by his co sharers. On the 4th Chaitra, 1365B. S. corresponding to 18th March, 1959 at about 12 noon the deceased Akijuddin protested when Felu, a…

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