Guwahati Court February 1949 Judgments
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Mukharam Singh Vs. the State
Court: Guwahati
Decided on: Feb-28-1949
1. This is an appeal against a conviction and sentence Under Section 5(a), Assam Prohibition Act, 1948. The appellant, Mukharam Singh, and one Koilosia Nunia were jointly tried by the District Magistrate, Nowgong, on a charge Under Section 5 (a), Assam Prohibition Act 1948. The case against him was as follows.2. On 3ist May 1948, members of the Excise Special Branch held up no, 5 Up-Train at Lumding and searched the same.) They found the female accused, Koilosia, in a third class compartment, and noticing a smell of opium near her insisted upon a search of her person, and they recovered from her person a packet containing 2 seers of opium. When the opium was seized, the woman stated that it had been given to her by a man who had persuaded her to take it with her to Sarupathar on payment of RSection 10. Thereupon she took the Excise S.I, along the train and pointed out accused 2, Mukharam Singh, who was sitting in another oompartment. The woman went up to him, addressed him by name and...
Badri Prosad Agarwalla Vs. the King
Court: Guwahati
Decided on: Feb-28-1949
1. This rule was issued upon the Deputy Commissioner, Nowgong, to show cause why the convictions and sentences imposed on the petitioner should not be set aside. The ease for the Crown was that the petitioner was travelling on the train from Pandu through Gauhati on 14th October 1947. His conduct aroused suspicion and he and his luggage were searched. In the trunks belonging to him was found 37 seers of opium. Evidence was adduced by the prosecution in support of these allegations and the learned Magistrate, believing the evidence, found the petitioner guilty Under Section 9 (a) of Act I [1] of 1878 and sentenced him under that section to undergo rigorous imprisonment for two years, and to pay a fine of Ea, 1,000 in default, to suffer rigorous imprisonment for a further period of one year. The learned Magistrate also found the petitioner guilty Under Section 9 (c) of the said Act on the same facts, and sentenced him under that section to undergo rigorous - imprisonment for two years a...
Krishna Prasanna Chakrawarty Vs. Jan Mahammad
Court: Guwahati
Decided on: Feb-21-1949
1. These are two applications by one Krishna Praaanna Ohakravarty under the provisions of Section 526, Criminal P.C., praying for the transfer of two criminal cases pending against him in the Court of Mr. L. 8. Ingty, a Magistrate of the First Class at Kohima. The facts material to the application are these:2. On 24th April i9i8 the applicant drew a cheque in favour of one Mr. D. K. Nath on the Noakhali Union Bank, Dibrugarh, for Ba. 85,687-10-6 in pursuance of an award passed by one Mr. D. K. Nath in a criminal case no. 6 of 1948 in which one Jan Muhammed was the complainant. On receipt of the cheque by Mr. Nath the case against the applicant filed by Jan Muhammed was disposed of by an order of acquit-tal passed on 24th April 1948, For some reason or other the applicant then advised the drawee Bank to withhold payment of the cheque. One Biawanath Missir who apparently had some interest in the amount covered by the cheque filed a criminal case against the petitioner at Kohima on 13th ...
The King Vs. Amir Hussain
Court: Guwahati
Decided on: Feb-21-1949
1.This is a reference under the provisions of Section 307, Criminal P. 0. The prisoner, Amir Hussain, was committed to the Court of Session on a charge of rape, the allegation being that he had sexual intercourse with a girl named Parida, aged about 4j years. He was tried by the Assistant Sessions Judge of the Upper Districts, with the aid of a common jury. The jury returned a unanimous verdict of not guilty. The learned Assistant Sessions Judge felt unable to accept this verdict, which he regarded as perverse and contrary to the weight of evidence. He accordingly made this reference recommending that the accused be convicted of the offence of tape or, at all events, of an offence punishable under Section 864, Penal Oode, and punished therefor.2. The case for the prosecution was as follows: The girl Farida Begara is the daughter of one Mofizuddin Ahmed who was appointed temporarily to work as a fitter in Ouphulia Tea Estate, which is about 7 or 8 miles distant from his home at Moran. ...
Govt. Advocate Vs. Lakhi Kanta Medhi and ors.
Court: Guwahati
Decided on: Feb-11-1949
Thadani, C.J.1. This is an appeal made by the Government Advocate of Assam on behalf of the Province of Assam under Section 417, Criminal P. C, in a ease in which 9 accused persons, viz., (l) Lakhikanta Medhi, (a) Bahiram Medhi, (3) Subharam Das, (4) Hargovinda Medhi, (6) Khili-ram Medhi, (6) Hansaram Medhi, (7) Naroram Medhi, (8) Bapuram Medhi, and (9) Panimal Medhi, were tried by the learned Assistant Sessions Judge, Assam Valley Districts, with the aid of a jury. At the conclusion of the trial, the jury brought a verdict of acquittal and the learned Judge, agreeing with the unanimous verdict of the jury, acquitted the accused. The present appeal has been brought against the acquittal of these accused persons.2. The grounds taken in the memorandum of appeal ate these : l) That the learned Sessions Judge misdirected the jury in not marshalling the facts and law in an intelligible way enabling the jury to come to a just verdict. (2) That the learned Judge should have placed the eviden...
Purnamal Agarwala Vs. the King
Court: Guwahati
Decided on: Feb-10-1949
Ram Labhaya J.1. The petitioner was found guilty of a contravention of Section 12 (1), Assam Cotton Cloth and Yarn Control Order, 1946, and in consequence was convicted Under Section 7 of Act sxiv [24] of 1946. He was sentenced to pay a fine of BS, 1000, or, in default, to undergo rigorous imprisonment for 6 months. On appeal, the conviction and the sentence were maintained. The accused has come up on revision.2. The prosecution case was that on 22nd February 1947 the petitioner was found standing by the side of a truck near the Deopani Tea Estate on the Barpathar-Dimapur Road. The driver of the truck, a Maaipuri, was also there. The truck at that time was not in working order, Dambraudhar Hazarika (P.W. 1) came there in a Jeep, The owner of the Jeep was with him, Dambraudhar is President of the Vigilance Committee of Sarupathar. He examined the contents of the truck and found that it contained IS baga of yarn and 42 boxes of matches. He asked the driver of the truck to take those art...
Raghunath Sarma Vs. Manan Singh
Court: Guwahati
Decided on: Feb-10-1949
Ram Labhaya, J.1. This is a petition of revision aria-ing out of proceedings under Section 145, Criminal P. C. The proceedings started on an application put in by the petitioner in the Court of Mr. A. C. Nandi, Magistrate, 1st Class, Bilohar. The learned Magistrate was satisfied from police report that there was danger of a branch of the peace. After necessary enquiry he came to the conclusion that the property in dispute, was in possession of Manan Singh respondent on the date of the preliminary order. He, therefore, deolared that respondent was entitled to remain in possession till evicted in due course of law, and forbade all disturbances of his possession. He further directed that the sale proceeds of the crop shall go to the respondent and that the 1st party, viz., the petitioner, shall pay Es. 10 as compensation to the 2nd party, viz., Manan Singh respondent. Eaghuuath Sarma, the petitioner, put in a revision petition in the Court of the Sessions Judge, A. V. D. He rejected the ...
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