ANWAR HOSSAIN KHAN vs THE STATE — 1967 PLD 42

Citation: 1967 PLD 42

Court: Dacca

Year: 1969

Decision Date: 1969-10-16

Parties: ANWAR HOSSAIN KHAN vs THE STATE

Headnotes

may be referred to. The appeal is thus disposed of..

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim Title: ANWAR HOSSAIN KHAN vs THE STATE Case No.: Criminal Appeal No. 490 of 1966 Date of Judgment:1969-10-16 Reported As: 1970 P Cr. L J 279 Result: Appeal disposed of JUDGMENT JUDGMENT Appellant Anwar Hossain Khan, Chairman of Kalikapur Union Council, Madaripur has been convicted under sec--tion 409, P. P. C. Read with section 5(2) of Act II of 1947 and sentenced to suffer rigorous imprisonment for one year and .To pay a fine of Rs. 200, in default to rigorous imprisonment for another two months, on the allegations that he misappropriated a sum of Rs. 80. Mr. Abdus Salam Khan, the learned Advocate for the appellant has informed the Court that the sole appellant Anwar Hossain Khan has expired and the appeal has abated. He has also informed that he wrote to the tadbirkar and relations of the deceased-appellant sometime ago but no body took any steps in this respect. He, therefore, submits that the appeal shall be declared to have abated. Mr. B. N. Chowdhury, the learned Advocate for the State submits that. In view of the provisions of section 431, Cr. P. C., only that part of the appeal which relates to the sentence of imprisonment shall abate on the death of the appellant but the other part which relates to the sentence of fine shall not abate on his death. Section 431 of the Code of Criminal Procedure runs as follows :- "Every appeal under section 411-A, subsection (2) or sec--tion 417 shall finally abate on the death of the…

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