Guwahati Court December 1950 Judgments
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Jinaram Kachari Vs. the State
Court: Guwahati
Decided on: Dec-21-1950
Ram Labhaya, J.1. This is a jail appeal from the order of the Sessions Judge, L, A. D., dated 3-6-19S0 by which Jinaram Kachari, appellant, was convicted under Section 460, I. P.C. and under Section 304, Part II, I. P.C., read with Section 34, I. P.C. He was sentenced to undergo E. I. for 3 years under Section 460 and to 4 years R. I. under Section 304 Part II. Both the sentences were to run concurrently.2. This case was admitted to a hearing on the question of sentence. The charge against the appellant was the two heads. It was as follows:1. That you, on or about the 5th day of June 1949 at Seoni village under Rangia P. S. jointly with Jathuram Rabha and 2 others committed lurking house breaking by night by cutting Sindhia and entering into the dwelling house of Tomram Deka and that you along with others at the time of committing such offence voluntarily caused death of Tomaram and thereby committed an offence punishable under 3. 460, Penal Code, and within a cognizance of the Court ...
Ramswarup Agarwalla Vs. the State
Court: Guwahati
Decided on: Dec-20-1950
Ram Labhaya, J.1. This case has been referred to this Court for orders by the Sessions Judge, U.A.D. The facts leading to the reference are as follows:2. Ramswarup Agarwalla was prosecuted under Section 188, Penal Code, for an alleged contravention of an order under Section 144, Criminal P.C. This order was passed by Mr. H.N. Deka, Sadar Sub-Divisional Officer, Dibrugarh. The proceedings against Ramswarup Agarwalla were initiated by a Police report in the Court of Mr. Deka, whose order he was alleged to have disobeyed. He took cognizance of the case but after issuing summons for his attendance, he transferred the case to the Court of the Magistrate, 1st Glass, Dibrugarh, who tried and found him guilty. Ramswarup Agarwalla was sentenced to a fine of Rs. 40. He invoked the revisional jurisdiction of the learned Sessions Judge U.A.D. and assailed the validity of the order on the ground, amongst others, that the learned Magistrate had no jurisdiction as there was no proper complaint again...
The State Vs. Dinanath Das and ors.
Court: Guwahati
Decided on: Dec-08-1950
Thadani, J.1. This is a reference made by the learned Sessions Judge, L. A, D., under Section 307, Criminal P.C., in the case of one Diuanath Das and 8 others who were tried by the learned Judge under Sections 148, 302 read with Sections 34, 324 and 323,1, P.C. with the aid of a Jury which unanimously found the accused not guilty. The learned Sessions Judge declined to accept the verdict of the Jury and has made this reference in the interests of justice.2. The case of the prosecution is that a certain piece of land comprising some 32 or 35 bighas was reclaimed by one Bilu, Loro, Malia, Bhatia and Tithi Sutradhar 3 or 4 years before the occurrence which is said to have taken place in the afternoon of 30-11-1948; they took possession of the land and divided it amongst them. selves; on the day in question, they were cutting paddy grown by them in their respective plots when the 9 accused persons, along with some SO or 30 others, came armed with deadly weapons, trespassed upon the land i...
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