GOVERNMENT OF BANGLADESH Vs. ALLAMA DELWAR HOSSAIN SAYEDEE
LAWS(BANG)-2017-5-3
SUPREME COURT OF BANGLADESH
Decided on May 15,2017

Government Of Bangladesh Appellant
VERSUS
Allama Delwar Hossain Sayedee Respondents

JUDGEMENT

SURENDRA KUMAR SINHA,J. - (1.) This review petition is directed from a judgment of this court in its appellate forum maintaining the petitioner's conviction in respect of count Nos.7, 10, 16 and 19 and part of charge No.8 with modification of conviction in respect of charge Nos.7, 8 and 10, and commutation of sentence in respect of charge Nos.8 and 10 to imprisonment for rest of the natural life of the petitioner by majority.
(2.) In the judgment the charges and evidence of the witnesses both oral and documentary have been meticulously considered and after evaluation of the same this court modified the conviction and commuted the sentence by majority as above. In a review matter this court cannot re-assess the evidence afresh and re-hear the matter. This court dispose of the points so far as it is relevant for the disposal of the matter. Learned Counsel argued on various points as if he were arguing an appeal and accordingly we are refrained from discussing those points on re- assessment of the evidence.
(3.) Mr. Khandoker Mahbub Hossain has submitted a written argument. His contention is that in the majority opinion this court committed error of law in believing part of charge No.8 relying upon the evidence of P.Ws.1, 2, 6, 7, 10, 11 and 12, inasmuch as, since this court disbelieved them in respect of other part of the charge, it should not have believed them in respect of the second part of the charge. While finding the petitioner guilty of the charge, this court thoroughly assessed the evidence and acquitted him of the first part of the charge not on the ground that those witnesses are not reliable but on other ground. Mr. Khandaker Mahbub Hossain has argued points which were considered and discussed by this court. A decision on those points require reassessment of the evidence on record and there is no scope to reassess the evidence. This court has already assessed the evidence of those witnesses, and therefore, the points raised by the learned counsel is beyond the pale of review.;


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