KETAB ALI vs THE STATE — 1970 PCRLJ 415

Citation: 1970 PCRLJ 415

Court: Dacca

Year: 1969

Decision Date: 1969-07-23

Parties: KETAB ALI vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 415

Judgment Text

Court Name: Dacca Judge(s): T. H. Khan, Salahuddin Ahmed Title: KETAB ALI vs THE STATE Case No.: Criminal Appeal No. 159 and Death Reference No. 8 of 1969 Date of Judgment:1969-07-23 Reported As: 1970 P Cr. L J 415 Result: Appeal partly allowed JUDGMENT JUDGMENT T. H. KHAN, J.-This is a reference under section 374 of the Criminal Procedure Code for confirmation of the sentence of death passed upon the condemned-prisoner Ketab Ali under section 302/34 of the Pakistan Penal Code, by the Additional Sessions Judge, Bakerganj. Two other co-accused were tried under section 302/34 of the Pakistan Penal Code who have been acquitted. There is also an appeal preferred by the condemned-prisoner from jail. Both the reference, and the appeal have been heard together and they are now disposed of under one judgment. The prosecution case, in brief, is that on Tuesday the 21st Chaitra, 1373 B. S. Corresponding to 4th April 1967 at about Asar prayer time deceased Hashem Gazi, husband of the com--plainant, P. W. 4 Fatema Khatun left home for Deotala Hat with an umbrella in hand and wearing a clay-coloured lungi and blue shirt for taking delivery of some gold ornaments which he had earlier, given to a goldsmith, P. W. 8 Bhabani Sankar for repair ate complainant waited for the return of her husband till late hours of the night and then fell asleep. Next morning she woke up and found that her husband still had not returned home and a cow was missing from their cow-shed. She then went out in…

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