Guwahati Court April 1967 Judgments
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P. Amumacha Sarma Vs. P. Manimacha Sarma and ors.
Court: Guwahati
Decided on: Apr-28-1967
C. Jagannadhacharyulu, J.C.1. This is a reference made by the Sessions Judge,. Manipur under Section 438 Cr.P.C. to set aside the order of the Sub-Divisional Magistrate, Phobia, passed in his N.F.I.R. Case 65 of 1965 dated 22.10.1965 attaching certain C. I. Sheets of a 'mandov' under Section 145 Cr.P.C.2. The Sub-Divisional Magistrate, Thoubal, converted a proceeding before him in N.F.I.K. Case 65 of 1965 under Section 107 Cr.P.C. to one under Section 145 Cr.P.C. by his order dated 22.10.1965. He ordered the attachment of the disputed Mandov, its site and certain C.I. sheets of the 'mandov' which were previously seized by the Police and kept in the 'Jima' till the disposal of the case.3. The petitioner filed Criminal Revision Petition under Section 437 Cr.P.C. in Criminal Revision Case 96 of 1965 on the file of the Sessions Judge, Manipur, and the learned Sessions Judge made a reference to this Court under Section 438 Cr.P.C. to set aside the Order of attachment of the C.I. sheets and...
Wahengbam Kokngang Singh Vs. the Manipur Administration
Court: Guwahati
Decided on: Apr-28-1967
C. Jagannadhacharyulu, J.C.1. This is an appeal filed by the accused in Sessions Trial Case 28 of 1964 on the file of the Sessions Judge, Manipur, against his judgment of conviction dated 25.1.1965, under Part II Section 304 I.P.C. and sentence that he should undergo rigorous imprisonment for 4 years.2. The case of the prosecution is that at about 6.30 or 7 A.M. on 20.3.1964 the deceased Kh. Kulabidhu Singh went along with P.W. 2 (N. Gulab Singh) to the house of the appellant (Wahengbam Kokngang Singh) which was at a distance of about 300 yards from the house of the deceased to purchase split bamboos. The appellant was not present. The deceased and P.W. 2 (N. Gulab Singh) were talking with the son of the appellant. In the meanwhile, the appellant returned home. The deceased wanted the appellant to sort out 40 watchets. When tested by the deceased, some of them broke down and in that connection an altercation took place between the deceased and the appellant, in the course of which the...
Sashi Nath Sarma and ors. Vs. State of Assam
Court: Guwahati
Decided on: Apr-24-1967
C.S. Row Nayudu, C.J.1. The petitioners in the instant case had been convicted by the trying Magistrate under Sections 447 and 325 read with Section 34 of the Indian Penal Code and sentenced on each of the counts to undergo rigorous imprisonment for three months and a fine of Rs. 100 in default to rigorous imprisonment for another one month. The Magistrate directed that the sentence will run concurrently.2. On appeal, the learned Sessions Judge confirmed the conviction of the petitioners under Section 447 but altered the conviction under Section 325 to one under Section 323 of the Indian Penal Code, as he felt that there was no proof that grievous hurt had been inflicted, and accordingly sentenced the petitioners to pay a fine of Rs. 50 each on each of the counts,3. It is contended by Mr. Choudhuri, the learned Counsel for the petitioners, that as the Magistrate had directed that the sentence shall run concurrently without specifying that what he was referring to was a sentence of im...
Kutub Ali Vs. the State
Court: Guwahati
Decided on: Apr-20-1967
C. Sanjeeva Row Nayudu, C.J.1. There is no point of law in this criminal revision; nor has my attention been drawn to any error of procedure which has resulted in a miscarriage of justice. The learned Magistrate found the petitioner guilty on a charge under Section 325 of the Indian Penal Code and sentenced him to rigorous imprisonment for six months. On appeal, the learned Sessions Judge contended himself with a brief reference to the case and observed that he found no reason to interfere with the order of conviction passed by the learned Magistrate. This is hardly the way an appeal against conviction should be disposed of by a Sessions Judge.An appeal like the present one, which was a first appeal, has to be examined on the facts and the evidence. It is the duty of the Sessions Judge hearing and dealing with the appeal to study the evidence for himself, to examine it judicially, to weigh it properly afresh for himself, and if on such examination and on such scrutiny the learned Sess...
Ngangom Iboton Singh and anr. Vs. Union Territory of Manipur
Court: Guwahati
Decided on: Apr-01-1967
C. Jagannadhacharyulu, J.C.1. This is an application filed by the petitioners under Section 498 Criminal Procedure Code to release them on bail.2. The case of the prosecution is that one Thoppa Singh of Sekta Village lodged a complaint in Lamlai Police Station in Manipur District alleging that at about 9 P.M. on 27.8.1966 the petitioners and some more persons armed with firearms, daes, lathis and other deadly weapons entered into his house to commit murder, dacoity and other offences, that he raised alarm, that on hearing the alarm the villagers rushed to the spot and surrounded the culprits and that, having no passage for their escape, the culprits opened fire continuously upon the villagers resulting in the death of one villager by name Salam Komol Singh and injuries to 3 other villagers.It is also the case of the prosecution that on the following day one Pakchao Singh, one of the dacoits was found lying dead, that the first petitioner Ngangom Iboton Singh was arrested on 18-9-1966 ...
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