PLD 1950

P (PLP)

MAZAHARUL HAQUE‑Accused Appellant Versus CROWN‑Respondent

Jurisdiction / Court
Decided Date
Criminal Appeal No. 247 of 1948, decided on 18th November 1949, against the order of conviction dated 22nd September, 1948, under section 364, Indian Penal Code sentencing the appellant to suffer rigorous imprisonment for 4 years and 2 months, by Session Judge, Dacca, with the aid of Jury.
Honorable Judges
Ellis and Ispahani, JJ.
Case Reference Summary (AEO Optimized)
Citation P (PLP)
Forum / Court
Bench Members Ellis and Ispahani, JJ.
Parties MAZAHARUL HAQUE‑Accused Appellant Versus CROWN‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P (PLP)?

The case was heard and decided by the bench comprising: Ellis and Ispahani, JJ..

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P (PLP) (MAZAHARUL HAQUE‑Accused Appellant Versus CROWN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • M. H. Khondkar, for Appellant.

Headnotes / Summary

Penal Code (XLV of 1860)

S. 364‑Person abducted in fact murdered‑Abductor whether can be charged under section Proper charge. Where the case for the prosecution is that the person abduct ed was in fact murdered, there can be no scope for a charge under section 364 of the Code and the abductor should be charged either with murder pure and simple or at least with abetment of murder. A I R 1937 Cal. 578; 71 C L J 597; I L R 1944 Cal. 280, relied on. S, Afzal, Deputy Legal Remembrancer, for Crown.

Judgment & Decree

ISPAHANI, J.

I agree. A.H. Retrial Ordered.