KALA MIAH AND 6 Others vs THE STATE — 1971 PCRLJ 373

Citation: 1971 PCRLJ 373

Court: Dhaka High Court

Year: 1970

Decision Date: 1970-05-05

Parties: KALA MIAH AND 6 Others vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 373

Judgment Text

Court Name: Dhaka High Court Judge(s): A. K. Muhammad Nurul Islam, A. Quasim Title: KALA MIAH AND 6 Others vs THE STATE Case No.: Criminal Appeals Nos. 139, and 236 of 1967 Date of Judgment:1970-05-05 Reported As: 1971 P Cr. L J 373 Result: Order accordingly JUDGMENT JUDGMENT A. QUASIM, J.-These to appeals, arising out of the same judgment and order of conviction, have been heard together. The Appeal No. 139 of 1967 has been preferred by the accused Kala Miah of village Amirpur, while the other appeal, namely, the Appeal No. 236 of 1967 has been preferred by the other six accused, namely, Mirza Azizur Rahman alias Kala (hereafter we shall call him Azizur Rahman) Ruhini Sutradhar alias Jitu, Ramzan Ali, Gaibullah, Mahram Ali and Abdul Gani. The above-mentioned appellants were tried by an Assistant Sessions Judge of Sylhet. Kala Miah was charged under sections 399 and 216-A of the Pakistan Penal Code while the other accused persons were charged under sections 399 and 402 of the Pakistan Penal Code. The trial was held with the aid of three assessors all of whom were of opinion that the charges were fully proved and they found all the accused persons guilty of the charges framed against them. The learned Assistant Sessions Judge, agreeing with this opinion, convicted the appellant Kala Miah under sections 399 and .216-A of the Pakistan Penal Code and sentenced him to rigorous imprisonment for seven years on each count, the sentences were, however, made to run concurrently. The…

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