September 24, 2020, 2:44 pm

Abetment

Abetment an Offence which can be inferred from the Conduct of Accused

Abetment an Offence which can be inferred from the Conduct of Accused and attending circumstances of the Case.It may be proved either by oral, or documentary or circumstancial evidence. ACC vs Mehedi Hasan (Criminal),67 DLR (AD) (2015) 137, section 109

There was a rivalry between deceased Moulana Abdul Quader and Accused Mobile Quader

There was a rivalry between deceased Moulana Abdul Quader and Accused Mobile Quader and hi sbrother – Lawrence over Mamar Bazar at Dugachhi, Kum beneath the bridge near Mamar Bazar and the Chairman -ship of the Managing Committe of Kazir Pagla High School and that unerringly proved the motive behind the killing of Moulana Quader and that is a very strong circumstance also to infer as to the involvment of accused Mobile Quader with the killing of deceased Moalana Abdul Quader— State vs Abdul Quader @ Mobile Quader (Criminal),67 DLR (AD) (2015) 137,Section 107,302 and 109

Prima facie allegation of abetment

Prima facie allegation of abetment regarding manipulation of the tender of sale of the abandoned property has been disclosed from materials collected by the prosecution. Therefore, the prosecution should not be debarred from proving the allegations of abetment by evidence which may be oral,documentary or circumstancial evidence- ACC vs Mehedi Hasan (Criminal),67 DLR (AD) (2015) 137, section 109

Bazlu made the confessional statement after his arrest

Bazlu made the confessional statement after his arrest and that too after the alleged criminal conspiracy culminated with the killing of deceased. So, the confessional statement of accused – Bazlu can not be used as evidencxe against mobile Quader – State vs Abdul Quader @ Mobile Quader (Criminal),67 DLR (AD) (2015) 6,Section 120A

Conduct of the accused both before and after the commissioned of offence

Conduct of the accused both before and after the commissioned of offence is also relevant to prove the charge. No written or definite agreement is necessary to constitute a conspiracy- its existence being generally a matter of inference from the acts of the accused. it is sufficient to constitute the offence, so far as the combination is concerned, if there is a meeting of the minds, a mutual implied understanding or tacit agreement, all the common purpose -( Per SK Shinha, J agreeing with Md Abdul wahhab Miah,J)- State vs Abdul Kader @ Mobile kader (Criminal),67 DLR (AD)(2015) 6,Section 120A

The circumstances before,during and after the occurrence

The circumstances before,during and after the occurrence about the complicity of the accused in the incident must be proved beyond the shadow of doubt. The criminal responsibility for a conspiracy requires more than a merely passive attitude towards a existing conspiracy for murder- ( Per SK Shinha, J agreeing with Md Abdul wahhab Miah,J)- State vs Abdul Kader @ Mobile kader (Criminal),67 DLR (AD)(2015) 6,Section 120AB

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