Guwahati Court April 1951 Judgments
In Re: Sona Mia
Court: Guwahati
Decided on: Apr-30-1951
Narendra Nath Sen Gupta, J.C.1. Sona Mea appealed to this Court against his conviction under Section 302, I.P.C. by the Sessions Judge of Agartala, sentencing him to transportation for life. The appeal was dismissed and a notice was issued upon Sona Mea by this Court, in exercise of its re-visional powers under Section 439, Cr.P. Code, to show cause why his sentence should not be enhanced to one of capital punishment.2. Cause has accordingly been shown.3. At the hearing of the matter, Sona Mea was represented by one of the senior Advocates of this Court. The State Advocate appeared in support of the rule.4. The following points were put forward on behalf of the accused who filed a written statement:(1) That the only witnesses against the convict were the wife and the two sons of the deceased. Of these the first named had a grudge against the convict and her two sons were tutored to implicate him falsely.(2) That the wife of the deceased, Nur Che-hara had herself murdered her husband a...
Tag this Judgment!Abdul Samad Vs. the State
Court: Guwahati
Decided on: Apr-20-1951
Ram Labhaya, J.1. Abdul Samad, the petitioner in this case, was found guilty under Section 5(a), Assam Opium Prohibition Act, 1947, by Mr. R. Medhi, Magistrate, 1st Class, Jorhat. He was sentenced to undergo R. I. for 5 years & was also ordered to pay a fine of Rs. 2,000/- & in default of payment of fine to undergo R. I. for another year. Abdul Rahman & Abdul Rashid were also found guilty under Section 5 (a) of the Act. Alladit, who was tried along with abdul Samad & others, was found guilty of abetment. On appeal, the conviction & the sentence passed on Abdul Samad were upheld. Others were acquitted. Abdul samad has challenged the legality & the propriety of his conviction by this revision petition.2. The prosecution case was briefly as follows: On 30-5-1948, Abdul Rashid came to the Gatanga Post Office. He made inquiries from the Post master about parcels addressed to Mr. Han-ray. He told the Postmaster that these parcels had been despatched from Calcutta. These parcels had not rea...
Tag this Judgment!Forching Rava and ors. Vs. the State
Court: Guwahati
Decided on: Apr-03-1951
Thadani, C.J.1. This is an application by one Forching Rava and 5 others under the provisions of Section 526 of the Code of Criminal Procedure praying for a transfer of the case pending against them before the Additional Deputy Commissioner of Shilling to a Court of competent jurisdiction at Gauhati on the ground of the convenience of the parties.2. The offence of dacoit for which the petitioners are being prosecuted, is said to have taken place within the territorial limits of the Khasi Hills. Mr. Das for the petitioners contends that with effect from the 26th of January, 1950, the Code of Criminal Procedure is in force in the Khasi and Jaintia Hills, and that the order passed by the Governor of Assam on 25.1.50 for the administration of justice in the Khasi States, no longer governs the trial of an offence committed within the Khasi States. He has pointed out that the order made by the Governor of Assam on 25.1.50 was made in pursuance of the powers conferred by Section 4 of the Ext...
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