Guwahati Court February 1961 Judgments

Tabarak Ali and ors. Vs. Mantaj Ali

Court: Guwahati

G. Mehrotra, J. 1. This is an application in revision against an order of the Additional Sessions Judge, Lower Assam Division at Now gone by which he directed the Magistrate to make further enquiry,2. In order to appreciate the points raised, it will be necessary to give briefly the facts out of which this case has arisen. An application was filed before the Sessions Judge under Section 436 Criminal Procedure Code on behalf of the complainant. The complainant on 6th of July 1958 Iodged a first information report before the Police alleging that the opposite parties (before the Magistrate) trespassed into the land belonging to him and that they also assaulted him.According to his allegation, about 20 or 25 persons took part in the occurrence, out of whom he could identify ten persons. The investigation was taken up by the Police and after completion of the investigation chargesheet was submitted against twelve persons including the Opposite Parties Nos. 1 to 7 as absconders before the ...

Shyama Charan Das S/O Late Nagar Bashi Das Vs. Tripura Administration

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. This is a revision petition to set aside the order dated 12-11-56 passed by the Assistant Sessions Judge, Tripura in Sessions ease No, 9 of 1956.2. The petitioner who is a convict undergoing imprisonment in the Central jail, Tripura was convicted in Sessions case No. 5 of 1956 by the Assistant Sessions Judge Sri C. Sinha on 4-4-56 on a charge of dacoity under Section 395, I. P. C. and sentenced to R. 1. for 7 years and a fine of Rs. 500/- and in default to 6 months' further R. I. There was another Sessions case against him pending at the time in the Court of another Assistant Sessions Judge Sri S. B. Laskar in which also the charge against him was one of dacoity under Section 395 arising out of a totally separate incident not connected with the earlier case.In that ease the petitioner was convicted and sentenced to undergo R. I. for 6 years on 8-10-56. No direction was given by the Assistant Sessions Judge in Sessions case No. 9 of 1956 under Section 397 Cri...

Dhananjoy Sen and Mahesh Ch. Sen and anr. Vs. Smt. Chandra Bashi Sen W ...

Court: Guwahati

Reported in: 1961CriLJ435

1. This is an instance in which a clew ease of civil dispute about title and possession of a certain piece of land between two parties has been sought to be decided through the Criminal Court by one of the parties by accusing the other party of theft of crops under Section 379 I.P.C.2. Four brothers, Mahim, Prasanna, Baikuntha and Mahesh came over from Pakistan to India in, 1952 and settled down in mouza Monoharpur. Mahim died in 1955. The respondent-complainant Chandra Bashi Sen is his widow. Mahesh. another brother was the first accused in the case. He died after his conviction and sentence by the Magistrate. Dhananjoy, the second accused who is the first petitioner herein is the son of Mahesh and Harimohan, the second petitioner is the son of another brother Baikuntha who is also dead. The other brother Prasanna has also died leaving his widow Mukta Bashi Sen.3. The ease set up by the complainant was that Mahim after his coming over to Monoharpur in 1952 entered into an agreement of...

Dhananjoy Sen and Mahesh Ch. Sen and anr. Vs. Smt. Chandra Bashi Sen W ...

Court: Guwahati

Reported in: 1961CriLJ435

ORDERT.N.R. Tirumalpad, J.1. This is an instance in which a clew ease of civil dispute about title and possession of a certain piece of land between two parties has been sought to be decided through the Criminal Court by one of the parties by accusing the other party of theft of crops under Section 379 I.P.C.2. Four brothers, Mahim, Prasanna, Baikuntha and Mahesh came over from Pakistan to India in, 1952 and settled down in mouza Monoharpur. Mahim died in 1955. The respondent-complainant Chandra Bashi Sen is his widow. Mahesh. another brother was the first accused in the case. He died after his conviction and sentence by the Magistrate. Dhananjoy, the second accused who is the first petitioner herein is the son of Mahesh and Harimohan, the second petitioner is the son of another brother Baikuntha who is also dead. The other brother Prasanna has also died leaving his widow Mukta Bashi Sen.3. The ease set up by the complainant was that Mahim after his coming over to Monoharpur in 1952 en...

U. Debilal Puden Vs. U. Suna Pale

Court: Guwahati

H. Deka, J.C.1. This was a petition under Rule 17' of the Rules for the Administration of justice and Police in the Khasi and Jaintia Hills against anorder (the- trial court dated 14-7-59 in a proceeding under Section 145, Criminal Procedure Code.2. It is admitted that the Criminal Procedure Code itself docs not apply so far as the letter of the Jaw is concerned hut the spirit of the same is applicable in this area.3. The facts of the case are that the first party who is opposite party in this Court, rnude an application for drawing up a proceeding under Section 145, (2) Criminal Procedure Code due to certain dispute over the Pator land in the area which he claimed to possess by virtue of his being a Pator. It was alleged that the second party was threatening to dispossess the first party avid had as a matter of fact, interfered with his possession. The police - submitted a report on or about 7th April. 1959, on. the basis of which the trial court passed the following order:Proceedin...

Dibakar Talukdar and ors. Vs. the State

Court: Guwahati

H. Deka, C.J.1. This rule was obtained by five persons who were convicted under Section 188 of the Indian Penal Code and sentenced to pay a fine of Rs. 100/- each and in default to undergo simple imprisonment for one month. There was an appeal against this conviction and the same was dismissed by the learned Additional Assistant Sessions Judge.2. The case for the prosecution is that a proceeding under Section 145 Criminal Procedure Code was drawn up at the instance of one Mst. Narua Dasya in the court of the Magistrate at Gauhati and the same was registered as Miscellaneous Case No. 167 of 1955 wherein the accused persons were made 2nd party. The learned Magistrate, however, could not decide as to which party was in possession and by his order dated 6th of August 1956 directed that the parties might go to the civil court to have their rights declared.It was further directed by the self-same order that the disputed land was to remain under attachment as provided under Section 146 of th...

Atum Lengmei and anr. Vs. Manipur Administration

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. The two appellants in this case were tried by the Additional Sessions Judge (I), Manipur in Sessions Trial No. 9/3 of 1960 for offences under Sections 395/397 and under Section 342 I.P.C. and convicted. A sentence of 7 years' R. I. was imposed on each of them under Sections 395/397 I.P.C. No separate offence was given under Section 342.2. The appellant Atum Lengmei is aged 19 years and the appellant Rangthieu Lengmei is. aged 18 years. The case against them was that On 9.7.59 at about 7-30 p. m. they along with 150 Naga Hostiles armed with deadly weapons committed dacoity in the house of Haomaking (P. W. 2) in Makhui Khunou village and took away Rs. 300/- and that they committed another dacoity in the same village at about the same time in the house of Nganing (P. W. 4) and took away Rs. 18/-. The further case against them was that they along with other hostiles wrongfully confined P. Ws. 1 to 4 in the School in the said village after tying up their arms with...