Penal Code (XLV of 1860) Section 394 Jahirul Haque-Vs.-The State (Criminal) Author Judge: Mr. Justice Hasan Foyex Siddique
Issue: 9 ALR (AD) 21-22
Penal Code [XLV of 1860]
Section 394
Sentence is reduced to the period already undergone.
The Appellate Division held that it appears from the evidence and materials on record that the police and the local people caught hold the petitioners subsequent after the occurrence and assaulted them severely, consequently, left leg of petitioner Billal was broken. In the meantime, out of total sentence they have served out two years seven months.
Considering the prevailing circumstances, particularly, the petitioners were assaulted mercilessly and that they snatched away case and kinds of TK .4500/- only and that in the mean time they have crossed the age of 40 years, Appellate Division is of the view that the ends of justice would be met if their sentence is reduced to the period already they have served out. Accordingly the petition is dismissed and order of conviction is upheld subject to the modification that the substantive sentence of the petitioners is reduced to the period already undergone by them.
Jahirul Haque –Vs.- The State (Criminal)
9 ALR (AD) 21-22
Source: Supreme Court of Bangladesh Website & Apex Law report
