Guwahati Court May 1954 Judgments
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Mohammad Sabed Ali Vs. Thulesvar Borah
Court: Guwahati
Decided on: May-28-1954
Ram Labhaya, J.1. This petition of revision is directed against an order of Mr. S. C. Das, Magistrate, 1st Class, dated 17-8-1953 by which he acquitted Tahuleswar Bora, accused, of an offence Under Section 504, 1. P. C. The complainant Md. Sabed Ali, Munshi is the petitioner before us. The validity of the order of acquittal is assailed by him.2. The prosecution case was that on 1-1-1953, a constable from Dhing Police Station informed the complainant that ho should keep witnesses in a murder case ready as Thuleswar Bora, Inspector of Police, would be coming to investigate the case. The witnesses were therefore kept ready. In the afternoon at about 3 P. M. another constable came aac1 asked the complainant to take the witnesses to Batabari a neighbouring village. The complainant could not comply with this direction. According to him, the witnesses declined to go to that village nut of (ear. A short while later, the accused came, lie had with him a Daroga and two constables. The complaina...
Sagolsem Indramani Singh and ors. Vs. State of Manipur
Court: Guwahati
Decided on: May-26-1954
Brij Narain J.C.(1) Sri Sagolsem Indramani Singh, Sri R. K. Maipak Sana Singh, Sri Yengmaso and Sri Wahengbam Pralhada Singh have brought this appeal against the order of Sri Niladhawaja Singh, Sub-Divisional Officer, Sadar and Magistrate First Class, Manipur dated 12-10-1953 sentencing the convict appellants to 6 months' rigorous imprisonment each, on each of the charges Under Sections 124A and 153A, IPC But the sentences have been ordered to run concurrently. The appellants had also been charged Under Section 120-B, IPC but they were acquitted under the aforesaid charge.This appeal should, under the provisions of the Code of Crimnial Procedure, 1898, have been filed in the Court of Sessions Judge, Manipur, but as the Code of Criminal Procedure has not been enforced in Manipur under the Merged States (Laws) Act, 1949 and Part C States (Laws) Act, 1950, the provisions of Manipur State Courts' Act, 1947, are applicable where they are against the provisions of the Code of Criminal Proce...
U Mistir Wallang Nongseh Vs. Ka Ephreban Wallang Nongseh
Court: Guwahati
Decided on: May-25-1954
Ram Labhaya, J.1. This petition of revision arises out of a complaint case No. 20/S.T. of 1951. The petitioner, U Mistir Wallang Nongseh, was the accused.. The complaint against him was that he had been guilty of offences under Sections 193, 404, 408 and 424, I. P. C.The case stated in the complaint was that one U Rang Myllung was living at Lynkhoi for about twenty years. He was a rich man and a moneylender by profession. He was' murdered. As U Rang Myllung became blind in his old age some years before his death, U Mistir Wallang accused was employed by him to look after his money-lending business. At the time of his death, the accused had in his possession considerable movable property in the shape of money and valuable documents belonging to the deceased. After his death, the accused claimed title to the property left by the deceased and began misappropriating gold ornaments and money which he was realising from the debtors.The complainant, Ka Ephrebon Wallang, claimed that she was...
Bir Bahadur and anr. Vs. the State
Court: Guwahati
Decided on: May-21-1954
Deka, J.1. Bir Bahadur and Dal Bahadur Kharka Chetri are two brothers. Both of them were tried by the Addl. Sessn. Judge, L.A.D. at Tezpur with the help of a jury and were sentenced to transportation for life under Sections 302/34 I.P.C. on the allegation that they had murdered their co-villager Dal Bahadur Thapa Chetri in the 'dawn' of 19-5-1951 when the deceased was still in his. bed. The evidence in support of the murder comes from the deceased's wife Drunamaya (or Durnamaya) and his brother Tikaram Thapa Chetrl who lived next door.Drunamaya says that just before the daybreak, she lighted a kerosene lamp or a 'chaki,' awoke her husband and went out to ease herself at a short distance (not exceeding seven cubits), from the house where they lived and on hearing her husband shout to his brother, she immediately hurried home and noticed coming out and running through their courtyard, almost brushing her (she says only one cubit off) - two persons, whom she recognised to be the two accu...
Kinaram Das and ors. Vs. the State
Court: Guwahati
Decided on: May-20-1954
Bam Labhaya, J.(1) The four appellants in this case were Jointly tried by the Additional Sessions Judge, Lower Assam Districts. The trial was with the aid of a Jury. The verdict of the Jury was unanimous. In consequence of the verdict, all the four appellants, namely, (1) Kinaram Das (2) Sanchitram Das (3) Uttamchandra Das and (4) Bhebela Koch, were found guilty and convicted Under Section 304, Part I, IPC read with Section 34, IPC They were sentenced to different periods of imprisonment ranging from two to six years, Sanchit Das, appellant No, 2, was further found guilty Under Section 323, I.P.C. The conviction for this offence was for causing hurt to Ningnaram. All the four appellants have jointly appealed from their convictions and sentences.(2) Shortly stated, the prosecution case was that on 13-12-51, Bengaram Keot (deceased) was reaping paddy in his own field. His brother, Ningnaram (P.W. 1) was also in his land and reaping his paddy. The field of the accused was close to the fi...
Gumanta Mohan Deb Vs. Abdul Karim Mia
Court: Guwahati
Decided on: May-05-1954
Brij Narain, J.C.1. This is a reference by the learned Sessions Judge, Tripura in which recommendation has been made for setting aside the order dated 6-5-1953 passed by the learned Magistrate, Khowai Sri A. Singh, in Criminal Misc. case No. 9 of 1953 under Section 145, Criminal P. C. directing the Receiver appointed by the Court to hand over the disputed land to the Ist party Abdul Karim Mia and also directing Abdul Karim Mia to receive the amount deposited in the Khowai Treasury as income of the disputed land under attachment proportionate to his share.It appears from the record that Abdul Karim Mia Initiated proceedings under Section 144, Criminal P. C. against the Opposite Party No. 2 in the Court of Sri H. S. Dev Barma, the then S. D. M., Khowai on the ground that there was apprehension of breach of peace. Sri H. S. Dev Barman quashed this proceedings on 5-6-1952 on the ground that there was no apprehension of breach of peace but he started proceedings under Section 145, Crimina...
Ashutosh Bhattacherjee Vs. the State of Tripura
Court: Guwahati
Decided on: May-03-1954
Brij Narain, J.C.1. This is an application in revision against the order of the learned Sessions Judge, Agartala in Criminal appeal No. 20 of 1953 by which the Petitioner's conviction under Section 109, I.P.C. dated 17-8-1953 by Sri S. C. Kar, Magistrate first class was altered to one under Section 109/323, I.P.C. and the petitioner's conviction under Section 447, I.P.C. was set aside.2. The facts of the case briefly stated are that the present petitioner abetted the commission of offence under Section 323, I.P.C. by Behari and Upendra at about 11 A.M. on 21-7-1952 in the Aus paddy field of Ravindra Kumar Das in village Dwarikapur P. S. Khowai and in consequence of this abetment Ravindra Kumar Das P. W. 1 received a number of serious injuries on his head and other ' parts of his body with a bamboo piece.The present Petitioner, Behari and Upendra were further alleged to have trespassed in the paddy filed but the petitioner has now been acquitted of the charge under Section 447, I.P.C....
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