Guwahati Court June 1960 Judgments

Madhu Sudhan Paul Vs. Sunil Chandra Deb and anr.

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. In this revision what the petitioner wants is that the order of the First Class Magistrate, acquitting the respondents under Section 247 Cr.P.C. should be set aside and that the Magistrate should be directed to get on with the trial of the case.2. This case has had a very chequered] career. The occurrence took place on 13-4-54 and the respondents and some others were said to have committed house trespass and assaulted the petitioner and his son. The F.I.R. was lodged on 15-5-54 and in the trial which followed the Magistrate convicted the respondents under Sections 323 and 448 I.P.C. There was an appeal to the Sessions Court and the appellate Court 'remanded the case for a retrial'. The appellate Court did not consider the oral evidence at all. It felt suspicious regarding the delay in the filing of the F.I.R. and was not satisfied with the explanation of the petitioner that the I.O. refused to accept the F.I.R. earlier without a medical certificate. The I.O. ...

Gopal Chandra Pal Vs. Tripura Administration

Court: Guwahati

T.N.R. Tirumalpad, J.C.1.The appellant Gopal Paul was convicted by the learned Special Judge under Section 165A, I.P.C. and sentenced to 6 months' rigorous imprisonment. There were two other accused persons Amar Chandra Saha and Bhakta Ranjan Saha who were also charged under the same section. But they were acquitted by the Judge and there is no appeal by the State against the said acquittal.2. The prosecution case was as follows: In Agartala town ration cards were issued by the authorities for the purchase of rice and flour to the heads of families and they were entitled to draw rations according to the number of family members. In August 1957 the ration cards for Ward Nos. 5 and 7 of the town were checked and it was found that the number of persons drawing rations was in excess of the total population. Hence an order was issued that no rations would be supplied against the ration cards unless they were duly certified. P.W. 1 Khiti Bhusan Datta was appointed as a Food Inspector in Aug...

Altab Ali Vs. Jagadish Chandra Adhikari

Court: Guwahati

Reported in: 1961CriLJ292

1. The learned Sessions Judge has made this reference with a recommendation that the order passed by the first class Magistrate, Udaipur Shri S. C. Das, on 12-9-58 declaring the' possession of the first party Jagadish Chandra Adhikari in proceedings under Section 145 Cri V. C, should be set aside. The said Adhikari filed a petition before the Magistrate on 14-1-1957 stating that he was in possession of 4 kanis of land in Jote No. 65 of Mouja Dhwajnagar on allotment by the Relief and Rehabilitation Department, that he was dispossessed on 9-9-1366 T. E. corresponding to 24-12-1956 by the second party who were very turbulent and that their conduct was likely to lead to a breach of the peace.The Magistrate took the petition on file on the same date and called for a police report and posted the case to 24-1-1957. On the latter date as no police report was received ho adjourned it further to 12-2-57. No police report was received on the latter date also and so the Magistrate directed the iss...

Altab Ali Vs. Jagadish Chandra Adhikari

Court: Guwahati

Reported in: 1961CriLJ292

ORDERT.N.R. Tirumalpad, J.1. The learned Sessions Judge has made this reference with a recommendation that the order passed by the first class Magistrate, Udaipur Shri S. C. Das, on 12-9-58 declaring the' possession of the first party Jagadish Chandra Adhikari in proceedings under Section 145 Cri V. C, should be set aside. The said Adhikari filed a petition before the Magistrate on 14-1-1957 stating that he was in possession of 4 kanis of land in Jote No. 65 of Mouja Dhwajnagar on allotment by the Relief and Rehabilitation Department, that he was dispossessed on 9-9-1366 T. E. corresponding to 24-12-1956 by the second party who were very turbulent and that their conduct was likely to lead to a breach of the peace.The Magistrate took the petition on file on the same date and called for a police report and posted the case to 24-1-1957. On the latter date as no police report was received ho adjourned it further to 12-2-57. No police report was received on the latter date also and so the M...

Hawaibam Meramacha Singh Vs. Manipur Administration

Court: Guwahati

Reported in: 1961CriLJ504

1. The petitioner was charged under Section 332 I.P.C. with having caused hurt on 7-11-1958 to the Police Constable P. W. 7 while he was discharging his official duty with intent to deter him from such discharge of duty as a public servant and to deter him from arresting certain gamblers including the petitioner. He was also charged under Section 13 of the Public Gambling Act with having been found gambling on the public road on the same day. He was convicted on both the counts by the learned Additional District Magistrate and sentenced to six months' R. I. under the first count and with fine of Rs. 50/- under the second count. His appeal to the Sessions Judge was dismissed. Now he has come up in revision.2. The case against the petitioner was briefly as follows:7-11-1958 was Dewali Day, when usually gambling takes place. A Police Party consisting of P. Ws. 3. 4, 7, 8 and others were going about in a Police truck at about 5 or 6 p. m.. when it was already dark with a view to detect gam...

Hawaibam Meramacha Singh Vs. Manipur Administration

Court: Guwahati

Reported in: 1961CriLJ504

ORDERT.N.R. Tirumalpad, J.1. The petitioner was charged under Section 332 I.P.C. with having caused hurt on 7-11-1958 to the Police Constable P. W. 7 while he was discharging his official duty with intent to deter him from such discharge of duty as a public servant and to deter him from arresting certain gamblers including the petitioner. He was also charged under Section 13 of the Public Gambling Act with having been found gambling on the public road on the same day. He was convicted on both the counts by the learned Additional District Magistrate and sentenced to six months' R. I. under the first count and with fine of Rs. 50/- under the second count. His appeal to the Sessions Judge was dismissed. Now he has come up in revision.2. The case against the petitioner was briefly as follows:7-11-1958 was Dewali Day, when usually gambling takes place. A Police Party consisting of P. Ws. 3. 4, 7, 8 and others were going about in a Police truck at about 5 or 6 p. m.. when it was already dark...