Guwahati Court January 1963 Judgments
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Sumermal JaIn and ors. Vs. the Union Territory
Court: Guwahati
Decided on: Jan-29-1963
T.N.R. Tirumalpad, J.C.1. This Criminal Revision is directed against the order of the Sessions Judge in Criminal Motion No. 39 of 1961, by which he set aside the order of discharge of the 11 petitioners by the First Class Magistrate, Sri K.P. Dutta, in G. R. Case No. 1054 of 1959 and directed that they should be committed to the Court of Session to take their trial under Sections 395/342/120B.2. It is unnecessary to deal with the facts at great length. One Sagarmaall Bhatia, who was examined as P. W. 2, was the local Agent of Messrs. Duff Mills Agencies of Calcutta, (hereinafter to be referred to as Duff and Co.) a firm of jute merchants, with their local office at Badarghat. Petitioner No. 3, Ramesh Chandra Debnath, who is also a jute merchant, and used to supply jute to various other merchants had entered into an agreement with the said Sagarmall Bhatia in November, 1959 to supply 3,000 maunds of jute to Duff and Co. within that month and he had received several thousands of rupees ...
Jogendra Kumar Sarkar Vs. Hem Chandra Roy
Court: Guwahati
Decided on: Jan-22-1963
T.N.R. Tirumalpad, J.C.1. There are no merits at1 all inn this appeal against acquittal. The respondent was charged Under Sections 353 and 506 Indian Penali Code on the complaint of one Jogendra Kumar Sarkar, an Amin of the Tribal Welfare Department at Belonia, that on 17-6-1960 when he went' to Kalshibazar at Belonia along with the B. D. O., the Agricultural Extension Officer and one Sugar Choudhury to show the respondent a map of the site of the proposed Agricultural Demonstration Firm, the respondent became very much excited and abused the complainant in filthy language and' threatened to kill him and that on account of such threat, he could not take the B. D. O. and Agricultural Extension Officer to the proposed1 site and thereby he was prevented from discharging his official duty. The learned munsiff-magistrate who held the trial found that the case was not proved and he acquitted the accused. The learned Counsel for the appellant did not seriously press the appeal as far as the ...
Chakra Bahadur Thapa Vs. the Commandant and ors.
Court: Guwahati
Decided on: Jan-16-1963
T.N.R. Tirumalpad, J.C.1. This revision arises out of the conviction of one Chakra Bahadur Thapa, a Naik in the 6th Battalion Assam Rifles, Under Section 6 (b) of the Assam Rifles Act V of 1941 and out of the- sentence of 15 months' R. I. passed against him by Lt Col. Zamir Ahmed, Commandant of the said Battalion, in his capacity as first class Magistrate appointed by the Tripura Administration.2. On 12-11-1961 an incident took place in the Assam Rifles Officers' Club at about 1 P.M. Major C. N. Madiah, Who was temporarily acting as Commandant of the Battalion, went to the Club at about 1 O'clock and saw two minor girls in the room of Naik Chakra Bahadur Thapa who was on duty at the Club. The Major appears to have questioned the said Naik about the presence of the girls in the Club premises. After that, the Major is., said to have gone to the telephone to call a friend far lunch and while he was telephoning, this Naik was alleged, to have jumped at the Major and hit him with fist on t...
Administration of Tripura Vs. Saman Goala
Court: Guwahati
Decided on: Jan-16-1963
T.N.R. Tirumalpad, J.C.1. This is an application by the State for enhancement of sentence in the case where the Magistrate punished the accused respondent to two months simple imprisonment on conviction under Section 19(f) of the Indian Arms Act for being found in possession of three un-license Guns.The reasons given by the Magistrate for this lenien sentence is that the accused pleaded guilty and prayed for mercy. Neither of these considerations will go in extenuation of the sentence. The maximum sentence under Section 19(f) is 3 years imprisonment. Here the respondent was found In possession of three guns on search by Magistrate. The respondent gave a confessional statement but when he was tried he first pleaded not guilty and evidence was let in and then when examined under Section 342 he pleaded guilty and asked for mercy. This was after he found the case proved against him and should not have been taken into account by the Magistrate for giving lenient sentence. It is necessary t...
The State Vs. Lenbom Lonkholam Simte and ors.
Court: Guwahati
Decided on: Jan-12-1963
T.N.R. Tirumalpad, J.C.1. Criminal Appeal No, 14 of 1962 is filed by the State against the acquittal of the 9 respondents, who were accused Nos. 6 and 8 to 15 in the Court of the First Class Magistrate Shri H. Ibungoyaima Singh, Criminal Revision No. 16 of 1962 is also filed by the State for the enhancement of the sentence of fine of Rs. 500/- each passed by the said Magistrate against the 6 respondents therein, who were accused Nos. 1 to j and 7 Under Section 19 of the Indian Arms Act.2. The case arose under the following circumstances:There were communal riots in some villages in Churachandpur sub-division between Kukis and Hmars during April to July, i960. On 31-5-60, P. W. 20, the 0/C. in charge of Bishenpur Polica Station got information that fire-arms were being carried in a truck proceeding towards the disturbed area and he checked vehicle No, MNS 789 proceeding to Churachandpur at about 7-00 p. m. at the Bishenpur Police gate. The truck was being, driven by accused No. 7 Ngulc...
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