Guwahati Court December 1953 Judgments

Upendra Chandra Dey and ors. Vs. State

Court: Guwahati

Sarjoo Prosad, C.J.1. These thirteen petitioners have been committed to the Court of Session for trial under various sections of the Indian Penal Code including Sections 302/149. They have moved for quashing of the order of commitment made against them.2. The case arises out of a very unfortunate and tragic incident which happened as early as the 16th July, 1949 in which several police officers received injuries, some of them grievous, and one hapless Sub-Inspector actually lost his life. The case has a short historical back-ground culminating in this commitment order. These petitioners along with a very large number of other accused were arrested in connection with that occurrence and prosecution was started against them. They were tried by the then District Judge of Upper Assam Districts who was appointed Special Judge under the Assam Special Courts Act, 1950 (Act 19 of 1950). The Special Judge framed charges only against 58 of the accused and discharged the rest, including the pet...