Before, Ellis and Ispahani, JJ.
MAZAHARUL HAQUE – Accused-Appellant
CROWN – Respondent

Criminal Appeal No. 247 of 1948, decided on 18th November, 1949, against the order of conviction dated 22nd September, 1948, under section 364, Indian Penal Code sentencing the appellant to suffer rigorous imprisonment for 4 years and 2 months, by Sessions Judge, Dacca, with the aid of Jury.

Penal Code (XLV of 1860), S. 364 – Person abducted in fact murdered – Abductor whether can be charged under section – Proper charge.

Where the case for the prosecution is that the person abducted was in fact murdered, there can be no scope for a charge under section 364 of the Code and the abductor should be charged either with murder pure and simple or at least with abetment of murder. [p. 5.]

A I R 1937 Cal. 578; 71 C L J 597; I L R 1944 Cal. 280, relied on.

M. H. Khondkar, for Appellant.
S. Afzal, Deputy Legal Remembrancer, for Crown.