Guwahati Court August 1950 Judgments
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Thanuram Gogoi and anr. Vs. Tankeswar Dowera
Court: Guwahati
Decided on: Aug-31-1950
Ram Labhaya, J.1. This is a reference from the Second Additional Sea. J., U. A. D., dated 21-6-1950. It arises out of proceedings Under Section 145, Cr. P.C.2. The facts are as follows : Proceedings Under Section 145, Cr. P.C. were drawn up on the petition of the 1st Party (Respdt.). On 8 8 1949, the learned Magistrate passed a preliminary order in which he stated that a dispute likely to cause a breach of the peace existed between the parties concerning a plot of land. He also directed the parties to put in written statement of their respective claims as to the fact of actual possession. On 9 12-1949 he passed the following order : 'Proceeding received. 2nd Party takes no step. Fix 3-1-1950 for evidence.'3. On the request of the 1st party, the case was adjourned from 3rd January to 17th February 1950. On this date, the learned Magistrate proceeded ex parte; examined the 1st party & one of his witnesse- & ordered that the 1st party be restored to possession.4. On 23-2-1950, the petit...
Gathibar Barua and anr. Vs. the State
Court: Guwahati
Decided on: Aug-24-1950
Ram Labhaya, J.1. This petition of revision is directed against the order of the learned Sessions Judge, U.A.D., dated the 6th April 1950 by which he confirmed the convictions of the petitioners under Sections 325 and 324, I.P.C., respectively. He maintained the sentence passed on Muhidhar. But, in the case of Gathihar the sentence was altered. This petitioner sentenced to undergo R.I. for 2 months and a was fine of Rs. 50/-. In default of payment of fine, he was further ordered to undergo R.I., for one month. The learned Sessions Judge reduced the sentence of imprisonment to the term already undergone and enhanced the amount of fine to Rs. 300/-. He directed that in default of payment of fine of Rs. 300/-, he shall undergo R.I. for two months.2. The validity of the convictions has not been challenged before me. In fact the only point argued is that the sentence in the case of Gathihar was for all practical purposes enhanced. It is pointed cut that in enhancing it the learned Sessions...
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