ABUL KASHEM vs THE STATE Case No — 1970 PCRLJ 460

Citation: 1970 PCRLJ 460

Court: Dacca

Year: 1970

Decision Date: 1970-10-30

Parties: ABUL KASHEM vs THE STATE

Headnotes

460 Result: sentence confirmed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This is a Reference under section 374 of the Code of Criminal Procedure made by Mr. Maseeh, Additional Sessions Judge, Chittagong for confirmation of sentence of death passed upon Abut Kashem, son of late Noor Ahmed of mouza North Kalisish, Police Station Satkania, District Chittagong, who has been convicted and sentenced under section 302 read with section 34 of the Pakistan Penal Code.

Judgment Text

Court Name: Dacca Judge(s): Salahuddin Ahmed, A. Quasim Title: ABUL KASHEM vs THE STATE Case No.: Appeal No. 362 and De4th Reference No. 9 of 1969 Date of Judgment:1970-10-30 Reported As: 1970 P Cr. L J 460 Result: sentence confirmed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This is a Reference under section 374 of the Code of Criminal Procedure made by Mr. Md. Maseeh, Additional Sessions Judge, Chittagong for confirmation of sentence of death passed upon Abut Kashem, son of late Noor Ahmed of mouza North Kalisish, Police Station Satkania, District Chittagong, who has been convicted and sentenced under section 302 read with section 34 of the Pakistan Penal Code. There is also an appeal by the condemned-prisoner. Both the Reference and the appeal have been heard together and they are now being disposed of under one judgment. The prosecution case may briefly be stated as follows: On 27-6-67 corresponding to 12th Ashar, 1374 B. S. At about noon Ahmed 1-lossain Mukhtear of the Chittagong Criminal Bar was awaiting the call of his case before Mr. K. R. Ahmed, Magistrate, 1st Class in which he was an accused leaning or kneeling against the railing of the verandah to the north of the Courts of the said Magistrate and another 1st Class Magistrate Mr. Hazrat Ali. The Mukhtear was found surrounded by 8/9 persons. Suddenly one of the persons stabbed the Mukhtear on his back by a dagger and leaving the dagger stuck up in the body ran away. Almost simultaneously another person who has been…

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