Guwahati Court January 1969 Judgments
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Abdul Majid Vs. Adai and ors.
Court: Guwahati
Decided on: Jan-17-1969
P.K. Goswami, J.1. This application under Section 439 of the Code of Criminal Procedure is directed against the judgment of acquittal passed by the learned Magistrate, First Class (Judicial), Karimganj, in a case instituted on a complaint.2. The prosecution case was that on 11th November, 1962, accused persons cut away paddy from the land in possession of the complainant and on his protest, they assaulted him and his sons, when they later intervened. 19 accused persons were charged under Section 147 of the Indian Penal Code and two of them were separately charged under Section 324, Indian Penal Code.3. The learned Magistrate at the end of the trial held that the complainant could not prove by any reliable evidence that he was in exclusive possession of the disputed land. On the other hand, he found that the defence established that the land was in possession of accused Lalu and Sonua and that they had been enjoying it peacefully until the date of occurrence. He further held that the ...
Khangembam Kokchao Singh and ors. Vs. Haojam Damudor Singh
Court: Guwahati
Decided on: Jan-08-1969
C. Jagannadhacharyulu, J.1. This is a revision petition filed by the petitioners in Criminal Revision Case No. 1 of 1967 on the file of the Additional District Magistrate Manipur under Sections 43.5 and 439, Cr. P.C. to set aside his order dated 6-5-1968, under which he upheld the order of the S. D. M., Bishenpur passed in Criminal Misc. Case No. 37 of 1967 under Section 107, Cr. P.C.2. The Police Officer in charge of Kumbi Outpost filed a report on 7-8-1967 before the S. D. M. Bishenpur recommending the initiation of proceedings under Section 107, Cr. P.C. against the petitioners. The learned S. D. M. Bishenpur passed a composite order on the same date of 7-8-1967 stating, firstly, that he heard the respondent herein, who stated that certain land in dispute mentioned in the schedule of the order passed. by him was cultivated by him for about 1.1. years, that on 3-8-1967 the petitioners ploughed away the land and threatened to murder the respondent if he interfered that the learned S....
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