Guwahati Court March 1967 Judgments
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Bachaspatimayum Thambou Sharma and ors. Vs. State of Manipur
Court: Guwahati
Decided on: Mar-18-1967
C. Jagannadhacharyulu, J.C.1. This is a Criminal Revision Petition filed under Section 438 read with Section 561 A Cr. P.C. by the accused in F.I.R. case 898 (8) I.P.C. against the judgment of the Additional Sessions Judge in Cr. Appeal 8-7-1966 on his file sentencing them to pay fine of Rs. 30 each or to suffer S. I. for 15 days on default and otherwise dismissing the appeal filed by them and upholding their conviction by the First Class Magistrate under Section 506 I.P.C. in F.I.R. Case 898 (8)/64 on the latter's file.2. The case of the prosecution, which was launched by the Police, is that at about 6/7 A.M. on 9-6-1964 the revision-petitioners (accused) came to the gate of the complainant, Shri Th. Suresh Singh of Khagempali, when he was washing his mouth in his pond near his house and held out a threat to kill him and also abused him by using obscene language and that they are liable to be punished under Sections 294 and 506 I.P.C. The complainant filed Ext. A/1 report in the pol...
Harendra Nath Das Vs. State of Assam
Court: Guwahati
Decided on: Mar-18-1967
C.S. Nayudu, C.J.1. The conviction of the petitioner and the sentence passed against him under Section 4 of the Assam Liquor Prohibition Act, 1952 (Assam Act I of 1953), hereinafter referred to as the Act, as amended by the Assam Liquor Prohibition (Amendment) Act, 1963 (Assam Act No. XI of 1963), hereinafter referred to as the Amending Act, is questioned in this revision petition.2. The prosecution case appears to be that when the accused was seen by the Inspector of Police at Goreswar Outpost, which is within the area where prohibition is in force under the aforesaid Act, he was found exhibiting, according to the prosecution, symptoms similar to those exhibited by a person who had taken liquor. These symptoms consisted of talking irrationally, having reddish eyes and smelling of what smelt like liquor from the mouth.3. It is not disputed that none of the known scientific methods of investigation had been followed in this case, namely the examination of stomach contents of the accus...
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