Guwahati Court April 1952 Judgments
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Muslim Shah Vs. the State
Court: Guwahati
Decided on: Apr-30-1952
Thadani, C.J.1. This is an application under Section 439, Criminal P.C. and Article 227 of the Constitution of India arising out of a case in which one Muslim Shah was ordered to be extended from the State of Assam by the First Class Magistrate of Sibsagar for a period of 3 years. On appeal, the period of his externment wag reduced from 3 years to one year.2. The learned Sessions Judge, U.A.D., while confirming the order of externment, stated in his judgment that the reduced period of one year was to commence from 15.8.50, i.e., the date of the judgment and order of the Trial Court. When the records of the case went before the Trial Court, it pointed cut to the learned Sessions Judge that after its judgment on 15.8.50, the order of externment had been stayed, whereupon the learned Sessions Judge modified his ordei1, dated 19.6.51, by which he had ordered the period of externment to commence from 15.8.50, and sent back the papers to the Trial Court to fix the commencement of the extern...
Lianthlira Vs. the State
Court: Guwahati
Decided on: Apr-30-1952
Ram Labhaya, Ag.C.J.1. The appellant in this case was convicted under Section 304, Part, n, Penal Code for causing death of Chalmawai, deceased and was sentenced to rigorous imprisonment for 4 years.2. The prosecution ease was that the deceased, his wife, the accused and his son Rivunga (P.W. 6) aged about ten years wore sitting together and;, taking their meal. The accused finished first and pushed the cooking pot to one side in order to make way for himself. The floor was rendered dirty by its impact. This provoked a protest from the wife of the deceased. The deceased also lost temper. This led to a quarrel. The accused then hit the deceased with a piece of firewood. This broke and he picked another. The deceased was hit again on the head and on his loft side. Chalmawai fell down and died soon after.3. Only the son of the accused aged ten was examined at the trial from the eye-witnesses. The two other eye-witnesses could not attend the Court at the time of the trial. P.W. 5, father ...
SerajuddIn Ahmed and ors. Vs. State
Court: Guwahati
Decided on: Apr-29-1952
Thadani, C.J. 1. These are two applications for revision by 3 convicted persons, namely, (1) Serajuddin Ahmed, (in Cr. Revn. No. 100/51), & (2) Niron Dutta and (3) Sarubapu Lilaram (in Cr. Revn. No. 101/51), who were convicted by the learned Assistant Sessions Judge, U. A. D., under Section 395, I. P. C. at a trial held with the aid of a Jury, and sentenced to 4 years rigorous imprisonment each. On appeal, the learned Sessions Judge, U. A. D., confirmed their convictions and sentences. They have now come before us in revision.2. The case for the prosecution was that on the night of 17/6/1949, a dacoity took place in a house belonging to 3 brothers, viz., (1) Kanakeswar, (2) Chitra, and (3) Jurai, in the Thengal Mouza of Jorhat Subdivision, and cash, ornaments and other valuable articles of the value of nearly Rs. 20,000/- were stolen. On the night in question, the only inmates present in the house were Jurai, his nephew Sohindra, and their ploughman Bhobela. Jurai was awakened by the ...
Tilak Singh Vs. the State
Court: Guwahati
Decided on: Apr-28-1952
Deka, J.1. These are two criminal revising one filed by Tilak Singh alias Phasu and the other on behalf of Bhusan Chandra Chetia, Seranedlxin Lodua, and Protap Singh against the order of the Sessions Judge, U.A.D., dated 5.7.1851 in two analogous criminal appeals. All these four petitioners along with four others were trial in the Court of Session by the Assistant Sessions Judge U.A.D. and six of them including the present petitioners were found guilty under Section 395, Panel Code and were convicted by the Assistant sessions Judge agreeing with the unanimous underline of the jury and each of the accused was sentenced to three years' rigorous imprisonment. All the six convicted persons appealed to the Sessions Judge and their appeals were dismissed as surfed above and only four of them have moved this Court and rules were issued in each of the two revision cases (criminal Revision No. 98/99 by Tilak Singh and criminal Revision No. 107/11 by Bhusan Chandra Chetia and two others) and th...
Brijlal Goala and ors. Vs. the State
Court: Guwahati
Decided on: Apr-28-1952
Thadani, C.J.1. This is an appeal by four convicted persons, Brijlal Goala, Janak Gosai, Munshigir and Sibgir who have been convicted-by the learned Assistant Sessions Judge, U.A.D., under Section 395, Penal Code at a trial held with the aid of a jury and each sentenced to undergo rigorous imprisonment for 5 years.2. The ease for the prosecution was that soon after midnight of the 18.1.1950, a dacoity occurred in the house of one Harihar Gowala. Harihar Gowala and his wife, Mt. Janki Gowalani, and a younger son Premlal and their daughter Fuleswari were sleeping in the middle room of the house. Their eldest son Satyanarayan was sleeping in the southern room. Shortly after midnight, 2 Harihar heard a noise. When he woke up, he found five men inside the house with a torch focussed upon him. According to Harihar, these men were armed with a knife and dao. One of the dacoits is said to have struck Harihar with a knife and asked for money and ornaments from him. Some of the dacoits injured ...
The State Vs. Satish Sangma
Court: Guwahati
Decided on: Apr-28-1952
Thadani, C.J.1. This is a reference made by the learned Deputy Commissioner of Garo Hills District under Rule 16 of the Rules framed for the administration of justice in the Garo Hills in a case in which one Satish Sangma was convicted by him Under Section 304, I. P. C. and sentenced to R. I. for 7 years. The case has come before us for confirmation.2. The case for the prosecution was that on 5-12-1950, the deceased Mingran Morale who was the employer of the accused, suspected the latter of theft of some jute from his house. That day, 6-12-1950, the accused had gone to attend Gorobadha Hat. On his return from the Bazar in the evening, the accused went to the house of one Thangan Sangma at about 8 P. M. Thangan Sang-ma was a neighbour of the deceased. As the accused was warming himself by the fire in the house of Thangan Sangma, the deceased appeared in an angry mood, abused the accused saying 'dog, ass' and accused him of the theft of his jute. Not content with abusing the accused, t...
Barada Kanta Das Vs. Surendra Chandra Das and anr.
Court: Guwahati
Decided on: Apr-10-1952
Ram Labhaya, Ag. C. J.1. This is a petition for leave to appeal to the Supreme Court of India from an appellate decree of this Court, dated 15-6-51, by which the decree of the lower Appellate Court was set aside and plaintiff's suit for redemption was decreed against all the defendants. 2. In the petition, it has been stated that the suit out of which the second appeal arose was valued at RS. 4000 only. This valuation was far below the valuation required for an appeal to the Supreme Court, but as a substantial question of law was involved, it was a fit case for appeal to the Supreme Court of India. In the prayer contained in the petition, the certificate was asked for on the ground that the case fulfilled the requirements of Clause (c) of Section 109, Civil P. C. At the hearing, Mr. Lahiri, the learned counsel for the petitioner, also argued that the case was covered by para. 2 of Section 110, Civil P. C. 3. The learned counsel for the petitioner has urged that the petition for leave...
Depu Kachari and ors. Vs. Padma Kanta Barua
Court: Guwahati
Decided on: Apr-10-1952
Ram Labhaya, Ag. C.J.1. This is a reference from the learned Sessions Judge, U.A.D., under Section 438, Criminal P.C., and arises out of a proceeding under Section 145, Criminal P.C.2. There was a dispute between the parties to the proceeding about 4 bighas, 4 kathas and 4 lechas of land of Periodic Patta No. 32 of village Chowkan, and 10 bighas, 2 kathas and 7 lechas of land of Periodic Patta No. 96 of Thengalgaon, Mause Khumtai.3. The case of the first party complainant as disclosed in the complaint, dated 19.7.50, was that the disputed land belonged to one Depu Kachari who sold it to him (Padma Kanta Barua) for Rs. 2500. He further alleged that Ganga Kachari, Depu Kachari, Bethai Kachari and Rameswar Kachari (2nd party) had dispossessed him by ploughing the land forcibly, and on his protest, they threatened to assault him. There was, according to him, danger of a breach of the peace between the parties. This petition was sent to the Officer-in-Charge of Golaghat Police Station for ...
Mt. Kamal Debi and ors. Vs. Pannalal Agarwalla
Court: Guwahati
Decided on: Apr-04-1952
Deka, J.1. This was a Rule issued on the application of four persons Mt. Kamal Debi and three other ladies who applied for quashing a criminal proceeding against them i.e., G.R. case No. 324/1950 of the Magistrate's Court at Jorhat and objected to the order of the learned Magistrate refusing the ladies permission to appear in the case through pleaders.2. A Division Bench of this Court passed an order on 16.5.1951 discharging the Rule but gave the petitioners a chance to renew their application for being exempted from personal appearance in Court. The relevant portion of the judgment runs as follows:The last point taken was that the women accused at any rate might be exempted from personal appearance under the provisions of Section 205, Criminal P.C. The difficulty in acceding to this prayer is that the Magistrate has issued a warrant, and not a summons. In terms, therefore, Section 205, Criminal P.C. does not apply. The proper course for the women petitioners is to apply to the learne...
Narayan Saha Vs. the State
Court: Guwahati
Decided on: Apr-03-1952
Ram Labhaya, Ag. C.J.1. This petition is under Article 226 of the Constitution of India. The petitioner has questioned the validity of his detention and has prayed for his release. 2. His case is that he has been in detention since 28th August 1951 in Nowgong Jail. The order of detention in his case was confirmed on the recommendation of the Advisory Board on 25th September 1951. The Advisory Board, it is alleged, was constituted by a Notification of the Government dated 11th April 1950 which was under Section 8, Preventive Detention Act, 1950. He contends that the Board, which examined his case, was not validly constituted, since the Act of 1950 was amended subsequently, and the Board constituted under the Act of 1950 could not function after the Act was amended. 3. The objection raised is misconceived. The Detention Act of 1350 was amended by Act 4 of 1951. The amending Act introduced alterations in Section 8, Detention Act of 1950. The original Act was merely amended. It was not r...
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