ABUL HOSSAIN MOLLA Alias HASANUR REHMAN vs THE STATE-Opposite-Party — 1971 PCRLJ 728

Citation: 1971 PCRLJ 728

Court: Dhaka High Court

Year: 1970

Decision Date: 1970-08-20

Parties: ABUL HOSSAIN MOLLA Alias HASANUR REHMAN vs THE STATE-Opposite-Party

Headnotes

Case cited as 1971 PCRLJ 728

Judgment Text

Court Name: Dhaka High Court Judge(s): Habibur Rahman Title: ABUL HOSSAIN MOLLA Alias HASANUR REHMAN vs THE STATE-Opposite-Party Case No.: Criminal Revision No. 373 of 1959 Date of Judgment:1970-08-20 Reported As: 1971 P Cr. L J 728 Result: Revision allowed JUDGMENT JUDGMENT This rule is directed against the judgment passed by Mr. A. Hossain, Sessions Judge, Pabna, upholding the order passed by Mr. S. M. Hussain, Magistrate, 1st Class, Pabna convicting the accused the petitioner Abul Hossain Molla alias Hasanur Rahman, son of late Fakiruddin Molla alias Faijuddin Molla under section 353 of the Pakistan Penal Code and sentencing him to undergo rigorous imprisonment for six months. The case for the prosecution, briefly stated is as follows:- On 6-12-67 at about 4 p.m. P. W. 1 Mr. M. Ahmed Bhuiyan, Sub-Divisional Engineer, Road Division, Pabna, was returning by a Government vehicle after inspection of a road and reached Banagram Bazar on the Pabna-Nagarbari Road. He was accompanied by his Sectional Officer P. W. 2 Mr. A. Samad, Cleaner P. W. 8 Abdur Rahman and Driver Matiar Rahman. He found that a but was under construction on the side of the said Government road, at Banagram Bazar. P. W. 1 Mr. M. Ahmed Bhuiyan asked his Sectional Officer P. W. 2 Mr. A. S--mad to get the unauthorised structure removed. Thereupon P. W. 2 Mr. A. Samad, Sectional Officer called the labourers of the Road Division from a neighbouring labour-shed and with the help of the labourers, namely, P. W. 4…

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