GOVERNMENT OF BANGLADESH Vs. ALLAMA DELWAR HOSSAIN SAYEDEE
SUPREME COURT OF BANGLADESH
Government Of Bangladesh
Allama Delwar Hossain Sayedee
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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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