Guwahati Court January 1949 Judgments
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Tarun Sen Deka and ors. Vs. the State
Court: Guwahati
Decided on: Jan-20-1949
Ram Labhaya J.1. A Division Bench of this Court consisting of the learned Chief Justice and my learned brother Thadani J. heard the petitions of 14 persons detained by District Magistrates under the Assam Maintenance of Public Order Act 1947 (Assam Act v. [5] of 1947). The petitions were all Under Section 491, Criminal P.C. The order of the Bench disposed of 12 petitions. In the case of the two petitioners, namely, Bijoy Kumar Das and Sukbomoy Chakravarty, the learned Judges could not agree as to the appropriate orders and directed that these cases be placed before a third Judge. The decision of two more petitions under 6. 491, Criminal P.C. turns on the same question which arises in the aforesaid petitions. These are NoSection 17 and 19 of 1948 and they have also been included in the reference. This order will dispose of all the four petitions.2. Both Bijoy and Sukhomoy were ordered to be detained by separate orders of the District Magistrate of Goalpara, The orders were passed on si...
Akloo Mia Vs. the State
Court: Guwahati
Decided on: Jan-17-1949
1. The appellant Akloo Mia has been convicted by the learned Additional Sessions Judge, A. V. D., under Section 301, part 2, Penal Code, and sentenced to rigorous imprisonment for 5 years. The case was tried by the learned Additional Sessions Judge with the aid of assessors who were divided in their opinion.2. The facts of the case are these: It appears that there was a dispute over the possession of certain charbharat land situated in the village of Peladahar, which had been taken on lease by Haji Hasan Mia and his sons and nephews and was in their possession for some 7 or 8 years. To the east of this land was the periodic pafcta land belonging to another Hasan Mia. Haji Hasan Mia and his sons and nephews grew paddy on the land leased by them.3. On 24th December 1917, the deceased Abdua Sattar and one Abdul Samad, Lalu Mia, Abdul Salam, and some other persons were gathering paddy in the morning over a certain area of the disputed land. In the afternoon, Abdul Samad noticed that one J...
The King Vs. Kalicharan Pal and anr.
Court: Guwahati
Decided on: Jan-17-1949
1. This is a reference made by the learned Sessions Judge of Assam-Valley Districts under the provisions of B. 307, Criminal P. C, in a case tried by him with the aid of a jury which found the accused Umaoharan Pal and Kalicharan Pal not guilty by a majority verdict of 3; 2.2. The learned Sessions Judge disagreed with the verdict of the majority in so far as it related to the accused Kalieharan Pal, and made the present reference.3. While agreeing with the verdict of the jury in regard to the accused Umacharan Pal, we have been informed that the learned Sessions Judge did not pass a formal order of acquittal. This failure, however, has not prejudiced the accused Umacharan Pal who was on bail during the trial and was not remanded to custody after the verdict of the jury.4. Mr. Barman for the Crown has supported the reference and has argued that the accused Kalicharan Pal is guilty of an offence either under Section 304, Penal Code, or under Section 325, Penal Code, and that the verdict...
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