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Guwahati Court July 1955 Judgments

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Jul 07 1955

Amulya Ranjan Pal Vs. Monoranjan Roy and ors.

Court: Guwahati

Decided on: Jul-07-1955

Brij Narain, J.1. This is a reference under Section 438, Cr. P.C. by the learned District Magistrate, Tripura, dated 6-1-1955 in criminal motion No. 25 of 1954 recommending that the order of acquittal dated lst/3rd July, 1954 passed by Sri N. C. Saha, Magistrate 2nd Class, Kailasahar in criminal, case No. 134 of 1954 be quashed.2. It appears that Sri Arnulya Ranjan Pal complainant went to the shop of Sri Monoranjan Roy opposite party No. 1 on 5-5-1954 to purchase three packets of playing cards and shell buttons costing Re, 1/14/-. When the complainant paid the priog the opposite party No. 1 gave him the buttons but not the packets of playing cards and he placed the money inside his box. The complainant demanded the packets of cards but the opposite party wanted an additional payment of two annas. The complainant naturally wanted to get back his money but the opposite party No. 1 threatened him and so he came out of the shop.Later on the opposite party No. 1 called him back saying that...


Jul 06 1955

State of Assam Vs. Sayadur Rahman

Court: Guwahati

Decided on: Jul-06-1955

Ram Labhaya, J.1. This appeal under Section 417, Cr. P.C. is directed against an order of acquittal of the respondent. The learned Additional Sessions Judge acquitted him on the ground that he was a public servant and sanction for his prosecution under Section 197, Criminal P.C. was necessary. This sanction was not proved to have been obtained and therefore the order of conviction could not stand. He did not enter into the merits of the case and did not record any finding as to whether the charges against the accused stood substantiated.2. The accused was tried with a charge under two heads. He was found guilty under Sections 409 and 471 and convicted under both heads of the charge. He was sentenced to rigorous imprisonment for one year and to a fine of Rs. 500 in default to rigorous imprisonment for another six months under Section 409, He was also sentenced to rigorous imprisonment for one year under Section 471, Penal Code. The two sentences of imprisonment were ordered to run conc...


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