RAHMAT BAKSH Alias DAROGA ALI vs THE STATE — 1970 PCRLJ 1292

Citation: 1970 PCRLJ 1292

Court: Dacca

Year: 1970

Decision Date: 1970-03-06

Parties: RAHMAT BAKSH Alias DAROGA ALI vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 1292

Judgment Text

Court Name: Dacca Judge(s): Ahsanuddin Choudhury, Abdul Hakim Title: RAHMAT BAKSH Alias DAROGA ALI vs THE STATE Case No.: Criminal Appeal No. 108 of 1966 Date of Judgment:1970-03-06 Reported As: 1970 P Cr. L J 1292 Result: Appeal allowed JUDGMENT JUDGMENT ABDUL HAKIM, J.-This appeal is directed against an order of conviction' passed by the learned Sessions Judge, Dacca sentencing the accused appellant under section 304 (Part 1), P. P. C. To suffer rigorous imprisonment for seven years. The deceased Hayat Bibi and the accused Rahmat Baksh alias Daroga Ali are inter-related and they used to live in the adjacent houses. The prosecution case, in short, is that on the 10th Falgoon, 1371 B. S. (corresponding to 22nd February 1965) at Magrib prayer time, at the instance of the Mutwali of Masjid Waqf Estate, Fakirapul, accused Rahmat Baksh alias Daroga Ali went to the shop of complainant Amanulla and his brother Obaidulla and attacked them with the intention of ousting them from the land on which the shop stood close to the Masjid. Accused Rahmat Baksh attempted to assault Obaidulla but the local people intervened. Accused Rahmat Baksh stood on 'the road and brandished his knife towards Obaidulla while leavi og the shop. A few minutes thereafter cries were heard from the road in front of the house of one Hamid Sardar, as accused Gulbahar (since acquitted) pulled Hayat Bibi by catching hold of hei hair and threw her on the road and accused Rahmat Baksh alias Daroga Ali inflicted…

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