STATE Vs. NOWSHA ALIAS NOWSER

JUDGEMENT

(1.) This reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Additional Sessions Judge, fourth Court, in-charge, Dhaka for confirmation of death sentence of condemned-prisoner, who was convicted under Sections 302 and 307, 34 of the Penal Code and sentenced to death by hanging and rigorous imprisonment for five years and also to pay a fine of Tk.5,000/= in default to suffer rigorous imprisonment for six months more respectively.

(2.) By the above Criminal appeal the appellants have challenged the legality and propriety of the judgment and order of conviction and sentence dated 12-04-2006 passed by learned Additional Sessions Judge, fourth Court, incharge, Dhaka in Session Case no. 72 of 1999 convicting them under Sections 307, 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for five years and also to pay a fine of Tk. 5,000/= each in default to suffer rigorous imprisonment for six months more.

(3.) This death reference and the above appeal having arisen out of a common judgment, these have been heard together and are being disposed of by this judgment.