Guwahati Court June 1953 Judgments
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Maidhan Das Agarwalla Vs. R.B. Medhi and anr.
Court: Guwahati
Decided on: Jun-17-1953
Deka, J. 1. This is a Rule obtained by the petitioner-Maidhan Das Agarwalla on a petition under Article 227 of the Constitution of India on the allegation that the orders passed by Mr. Ram Bhadra Medhi, Special Judge, Gauhati on 1-4-53 and subsequent thereto in Special Case No. 1 of 1952 were without jurisdiction. 2. The facts leading to this petition are as follows:--On the 3-3-1952, the petitioner Maidhan Das Agarwalla filed a complaint in the Court of the Deputy Commissioner and District Magistrate, Goalpara against Sri Charn Barua, Opposite Party No. 2 alleging that the accused Sri Charan Barua While posted as the Circle Inspector of Police at Kokrajar within the District of Goalpara received bribes and attempted extortion of money from the complainant who is a partner of a rice mill at Fakiragram and of a firm trading under the name--Agarwalla and Co. at Fakiragram within the Goalpara district. The learned District Magistrate on receiving this complaint held a preliminary enquir...
Ramdayal Chamar Vs. the State
Court: Guwahati
Decided on: Jun-12-1953
Deka J.1. The appellant, Ramdayal Chamar, was charged under Section 304, I. P. C, with respect to the death of one Gandaria Chamar of Badlipar Tea Estate on the night of 26-11-1950 the assault having taken place at about 7 or 8 p. m. Another person Ramdas Chamar was also jointly tried with Ramdayal on a charge of abetment of culpable homicide (under Section 304/109, I.P.C.) and under Section 323, I. P, C, for voluntarily causing hurt to Pauchu, the son of Gandaria on the night of occurrence. The Jury returned a verdict of not guilty against Ramdas Chamar with regard to both the charges framed against him but they returned a verdict of guilty against the appellant Ramdayal Chamar under Section 304 (Part I), I.P.C. The learned Additional Assistant Sessions Judge, U. A. D. accepted the unanimous verdict of the Jury and convicted Ramdayal Chamar under Section 304 (Part I), I.P.C. and sentenced him to six years' rigorous imprisonment. The appeal is against this conviction and sentence.2. ...
Bhugiram Hazarika Vs. Supdt. of Police and ors.
Court: Guwahati
Decided on: Jun-10-1953
Sarjoo Prosad, C.J.1. This is an application under Article 226 of the Constitution, in which the petitioner has prayed for quashing or setting aside an order of dismissal passed against him by an appropriate writ.2. The facts giving rise to this application have been elaborately set out in the application and have not been controverted on behalf of the Government. The material facts are these:On the relevant date, the petitioner was an Assistant Sub-Inspector of Police attached to the Sibsagar District. He was actually appointed in the Police Force sometime in February, 1937, but confirmed as Assistant Sub-Inspector in September, 1950. In July 1950, he was attached to Amguri Police Station in the District of Sibsagar in that capacity. At about 11 A.M. on the 29th of that month, one Nandeswar Phukan of village Bhuyanhat Phukanchuk within the jurisdiction of that Police Station, lodged a written 'ejahar' at the Police Station against one Babula Gogoi alias Konthiram Khongia of village ...
Akan Chutia and ors. Vs. the State
Court: Guwahati
Decided on: Jun-03-1953
Deka, J.1. This appeal is on behalf of three persons, Akan Chutia, Dom Chutia and Boga Sheikh, all of whom were convicted under Section 395 I.P.C. and sentenced to five years' rigorous imprisonment each. The trial was with the help of a Jury and the verdict was unanimous. The Judge accepted the unanimous verdict and convicted the accused persons on the charge of dacoity under Section 395 I.P.C.2. The main ground of attack against the conviction was that ten persons were tried together charged with the offence of dacoity out of whom, only three have been found guilty and the rest were acquitted. Section 391 I.P.C. requires that When five or more persons conjointly commit or attempt to commit a robbery ... every person so committing, attempting or aiding is said to commit 'dacoity' and where the number of persons taking part in the transaction is less than five, there can be no dacoity and as such, the conviction of these persons under Section 395 I.P.C. has been bad in law. In support...
Sashi Bhusan Chakraborty Vs. Birendra Kumar Sil
Court: Guwahati
Decided on: Jun-03-1953
Lakshmi Narain, J.C.1. The Sessions Judge, Tripura has forwarded this case under Section 438, Cr.P.C. with recommendation that the conviction of Sashi Bhusan Chakraborty accused petitioner under Section 426, I.P.C. passed by Sri S.M. Ali, Magistrate 1st class on 18.8.51 should be set aside on the ground that ingredients of the offence of mischief as defined under Section 425 of the Code have not been established.2. The complaint is that the convicted accused along with two others had allowed their cattle to stray on to the complainant's field causing damage to the 'Hali seedlings' to the extent of Rs. 100/-. The defence is that the cattle had straved without the knowledge of the accused. The learned Magistrate found the accused guilty on the assumption that he did not take proper steps to guard his cattle.3. Mere neglect or carelessness on the part of the person in charge of the cattle to keep them from straying into the field of others is not sufficient to bring home the offence of m...
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