NABIR HOSSAIN Alias CHOTA ABU AND ANOTHER vs THE STATE-Opposite- — 1971 PCRLJ 501

Citation: 1971 PCRLJ 501

Court: Dhaka High Court

Year: 1970

Decision Date: 1970-12-31

Parties: NABIR HOSSAIN Alias CHOTA ABU AND ANOTHER vs THE STATE-Opposite- JUDGMENT

Headnotes

Case cited as 1971 PCRLJ 501

Judgment Text

Court Name: Dhaka High Court Judge(s): A. K. Muhammad Nurul Islam, A. Quasim Title:NABIR HOSSAIN Alias CHOTA ABU AND ANOTHER vs THE STATE-Opposite- JUDGMENT Reported As: 1971 P Cr. L J 501 Result: Appeal allowed Judgment JUDGMENT NURUL ISLAM, J.-The to accused persons Nabir Hossain alias Chota Abu and Maina Miah, were convicted under section 302/34 of the Pakistan Penal Code and were sentenced to transportation for life by the Sessions Judge, Sylhet by his order passed on 31-3-66; and the accused persons thereafter preferred the instant appeal before us against the said order of conviction, and sentence. The prosecution case, in short, is that at about 11 p.m., on the night of Wednesday, the 10th Kartick 1372 B. S., the deceased Abdul Mannaf cried out, and hearing the cry Aiman Chand Bibi, an inmate of the but contiguous to that of the deceased came out with a burning kupi lamp in her hand and saw the accused Chota Abu and Maina running away, Chota Abu having a torch light in his hand and Maina with a big dao in his hand. The said woman raised a cry and Jaheda Khatoon, the step- mother of the deceased also came out to the courtyard of the house and saw the to accused running away. It is further alleged that both these women entered the but of the deceased Mannaf and found hint lying on the Chouki with a big bleeding injury on his head, ear and nose and on seeing them Mannaf cried out and said that Chota Abu and Maina had killed him. Thereafter Intaz Ali, Karim, Hamid,…

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