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Guwahati Court July 1949 Judgments

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Jul 22 1949

Dighola Ahom and ors. Vs. the King

Court: Guwahati

Decided on: Jul-22-1949

1. This is an appeal by 5 persons-one Dighola Ahom, Bhanu Ahom, Gopal Ahom, Dehiram Ahom, and Someswar Ahom-who were tried along with 4 others by the learned Sessions Judge, Lower Aasam Division, with the aid of a Jury for oflfonoes under S3. 147, 325 and 366, Penal Code. The jury brought a un-animous verdict of not guilty of any offence against i accused persons, but brought a verdict, of guilty against the 5 appellants Under Section 365, Penal Code., an offence with which they were not oharged, while acquitting them of the charges Under Section 366, Penal Code, and 147, Penal Code, The appellant Bbanu was in addition found guilty Under Section 335, Penal Code, The learned Sessions Judge agreed with the unanimous verdiot of the Jury against the S appellants and sentenced each of them to rigorous imprisonment ' for S years Under Section 365, Penal Code, and further sentenced the appellant Bhanu Under Section 325, Penal Code., to rigorous imprisonment for 6 months, the sentences to run...


Jul 18 1949

Province of Assam Vs. Lakhi Nayak and ors.

Court: Guwahati

Decided on: Jul-18-1949

Ram Labhaja, J.1. This is a revision petition against the order of the Politioal Officer, Sadiya Frontier Tract, dated 11th June 1948 by which he acquitted the three accused who are' respondents in this petition and who were tried' under a charge of murder for intentionally causing the death of Mt. Niang, a Khasi lady.2. Mt. Niang was murdered in the early hours of the morning of 12th June 1947. Metilda, who was living with the deceased as her adopted-daughter, was in her room on the night of the occurrence. She reported at 6 A. M. that Lakhi Bangali and Ekadaai, respondents 1 and 2, had committed burglary by breaking open the house and had caused grievious hurt to Mt. Niang, who was alive till then. She died later.3. On 18th June 1947, Metilda took Jogendra K. Chaudhury, Officer-in-Charge, Sadiya Police Station, to the house and pointed out a hole in the wooden post. From this some ornaments and Cash were recovered. She also pointed out the blood stained Dao which was also concealed ...


Jul 08 1949

Benoy Bhusan Chakravarty Vs. Government of Assam

Court: Guwahati

Decided on: Jul-08-1949

Thadani, Ag. C.J.1. [Facts: This was a case of a de. tention Under Section 2 (1)(a), Assam Maintenance of Public Order Act, 1947. The grounds of detention furnished to the detenu were stated in these terms:(a) That you are an active member of the Communist Party of India in Lakhimpur District, the present aim and object of which is anti-Government activity subversive of law and order.(b) That you threatened public peace and tranquillity in Lakhimpur District by urging violent methods specially among the labouring cUeses.(c) That your activities, e, g., speeches at publio meetings and demonstrations etc., are prejudicial to the public safety and the maintenance of public order in Lakhimpur District.(d) That you profess Communist ideology and have actively engaged yourself to put Communist directives into effect for a 'political struggle' by bringing a revolution,2. In holding that the grounds furnished were sufficient to enable the detenu to make a representation to the Provincial Gove...


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