Guwahati Court June 1957 Judgments
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Joy Sing Rajput and anr. Vs. Bachheraj Dugar
Court: Guwahati
Decided on: Jun-20-1957
Sarjoo Prosad, C.J.1. The petitioners in this case pray for quashing their prosecution, started on the basis of a complaint lodged by the opposite party, under Section 420 of the Indian Penal Code. The complainant-opposite party, Bachheraj Dugar, Managing-Director, Merchants' Multi-Purpose Co-operative Society Ltd., Tezpur, filed the complaint on 15-3-57, and on receipt of the same, the learned Sub-Divisional Magistrate issued bailable warrant of arrest against the petitioners for their prosecution under the above section.2. The main contention of Mr. Chose, in Support of the application, is that the complainant, on the face of it, does not disclose any criminal offence. If that is so, then obviously the prosecution of the petitioners could not be sustained and would amount to an abuse of the processes of the Court. If, on the other hand, the complaint does disclose an offence against the petitioners, then this Court would be reluctant to interfere at this stage and quash the prosecut...
Birendra Chandra De and ors. Vs. the State
Court: Guwahati
Decided on: Jun-14-1957
Deka, J.1. These are two connected appeals one being Criminal Appeal No. 8/55 filed on behalf of Birendra Chandra De and the other Criminal Appeal No. 12/55 filed on behalf of Sultan Khan and Khalil Mea. All these three accused appellants were tried jointly with some other accused persons by the Additional Sessions Judge, Lower Assam Districts at Tezpur of various charges, with the help of a jury and the verdict of the jury was unanimous. The Judge accepted the verdict and agreeing with the same found Birendra Chandra De guilty under Sections 457 and 380. Indian Penal Code. Sultan Khan was also found guilty of the two charges under Sections 457 and 380, Indian Penal Code.Khalil Mea was found guilty under Section 411 of the Indian Penal Code, The other accused persons viz., Peali Alias Abdul Majid, Nur Ali, Dil Muhmad and Safi Sheikh who were charged under Section 414, Indian Penal Code were found not guilty and they were acquitted. Birendra Chandra De and Sultan Khan were both senten...
Basanta Kumar Pal and ors. Vs. Kamini Mohan Pal
Court: Guwahati
Decided on: Jun-07-1957
Datta, J.C.1. This revision petition is directed against the order of the District Magistrate by which he dismissed the appeal preferred by the three Petitioners against their conviction for an offence punishable under Section 323 of the I. P. C., and sentence of R. I. for 15 days with a fine of Rs. 15 each by the Magistrate 3rd Class, Dharmanagar, The appeal was heard after notice to the parties. The judgment of the District Magistrate was as follows:Gone through the records and heard both parties.The grounds for appeal are vague and not at all to the point. In fact they have not made any points either of law or facts worth considering,Firstly the accused was discharged by N. Sinha, Magistrate 3rd Class and the learned Sessions Judge ordered for further enquiry and was then convicted by the lower Court (Shri A. Dutta, Magistrate 3rd Class).No point has been brought out by this Court to set aside the conviction. HenceThe appeal is rejected.Stay order is vacated.2. Section 367 of the ...
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