Guwahati Court November 1969 Judgments

Basu Choudhary and ors. Vs. State of Bihar

Court: Guwahati

R.S. Bindra, J.C.1. This reference Under Section 438, Criminal Procedure Code by the Additional Sessions Judge, Manipur, relates to an intermediary order dated 19-7-1968 passed by the District Magistrate, Manipur, at the instance of Kakhangai Kabui and 14 others against whom an order Under Section 144 (1), Criminal Procedure Code had been made by the Sub-divisional Magistrate, Imphal West, on a petition instituted by Smt. Apambi Kabuini.2. Smt. Apambi Kabuini had complained that the members of the other party were threatening interference in her established possession over a piece of land in village Kakhulong and so she prayed that they be restrained from embarking upon such a course. The Sub-divisional Magistrate passed an order Under Section 144(1), Criminal Procedure Code on 12th July 1968 in the manner prayed for. Aggrieved by that order Kakhangai Kabui and others moved an application on 19-7-1968 before the District Magistrate, Manipur, under Sub-section (4) of Section 144, Crimi...

Jatindra Kr. Bhattacharjee Vs. the State

Court: Guwahati

R.S. Bindra, J.C.1. The facts relevant to this revision petition under Section 439 of the Criminal Procedure Code filed by Jatindra Kr. Bhattacharjee must be set out chronologically to appreciate the point that falls for determination. In connection with defalcation of a sum, as big as Rs. 98,000 from the Sub-Treasury, ' Dharmanagar, the petitioner, who was the sub-Treasury Officer at the time of alleged defalcation, was charge-sheeted on 1-1-1963, along with two others, under Sections 409, 468 and 477, I. P. C. Thereafter, a civil, suit, being Money Suit No. 8 of 1963, was instituted against the petitioner alone by the Government for recovery of Rs. 98,000 and odd for the loss suffered by the Government on account of alleged negligence of the petitioner in the discharge of his functions as Sub-Treasury Officer. The Magistrate's Court at Dharmanagar, in whose Court the criminal case was pending, stayed the same by order dated 7-11-1965, on the ground that since the civil suit involvi...

Nilamani Singh Tanu Singh Vs. the State

Court: Guwahati

R.S. Bindra, J.C.1. This revision, petition by Nilmani Singh is directed against the order, dated 13-12-1967, by which Shri P. Nath, the Sub-divisional Magistrate, Dharrnanagar, convicted and sentenced him to a fine of Rs. 200/-, or, in default, 10 days' simple imprisonment, under Section 123 of the Motor Vehicles Act, hereinafter called the Act. Nilmani Singh before filing the instant revision petition had moved the Sessions Judge, Tripura, praying that the conviction and sentence should be quashed because the trial held by Shri P. Nath stood vitiated for reasons which I shall outline presently. How-ever, the Sessions Judge did not accept his contention as justified in law and so rejected his motion.2. The case of the prosecution against Nilmani Singh was that while driving the loaded truck No. TRL 957 on Assam-Agartala road, on 13-12-1967, he happened to carry five passengers and had thereby committed an offence punishable under Section 123 read with Section 112 of the Act The offe...

Sudhir Chandra Das and anr. Vs. the State

Court: Guwahati

R.S. Bindra, J.C.1. The two appellants, Sudhir Chandra Das and Satya Ranjan Das, were charged, Under Section 302 read with Section 34 of the Indian Penal Code before Shri S. M. Ali, Additional Sessions Judge, Tripura, for having murdered Gobindalal Das in the ,early part; oft the night of 25th of April, 1968, in the area ,of village Pekuchhera, They were both found, guilty and each sentenced tp life imprisonment. They challenge the correctness of their conviction and the sentence.2. The murder of Gobindalal Das came to light in somewhat quixotic manner. Some women of Halam tribe of Pekuchhera, including P.W. 4 joytanting and P.W. 5 Naikubjang, happened to go to the market at Panisagar on the 25th of April, 1968, for selling -'their load of fuel wood. They returned from the market after the darkness had descended. On their way back, they heard a person lying deep down on the slope of the road moaning and articulating the words 'mother mother' The women got frightened. They believed tha...

Monoranjan Chakraborty Vs. State

Court: Guwahati

Reported in: 1970CriLJ1554

ORDERR.S. Bindra, J.C.1. The present revision petition by Monoranjan Chakraborly illustrates in a telling manner that a small slip in procedural matters by a Court may furnish an occasion to a litigant to stall the proceedings for a long time and occasionally for years together. Hence, the dire necessity for the Presiding Officer of a Court and the staff attached to it to exercise eternal vigilance in carrying out their respective functions to ensure that nothing goes amiss so far as they are concerned.2. A complaint was lodged against the present petitioner Monoranjan Chakraborty and 4 others in the Court of Shri T. L. Datta, Magistrate first class, Kamalpur, on 3-6-1968 by the Divisional Forest Officer. All the accused including Monoranjan Chakraborty were summoned in due course. The summons issued to Monoranjan Chakraborty marked 'A' is on the file of the Criminal Motion No. 156 of 1968 of the Sessions Judge, Tripura. The summons was served on Monoranjan Chakraborty on 25-7-1968 by ...

Halim Munshi and ors. Vs. the State of Assam and anr.

Court: Guwahati

P.K. Goswami, J.1. This Criminal revision is directed against the conviction Under Section 447, Indian Penal Code. The three accused were sentenced to a fine of Rs. 50/- each, in default, rigorous imprisonment for 15 days. They moved the learned Sessions Judge in revision unsuccessfully.2. The prosecution case is that on 11-1-67 these accused persons trespassed into the complainant's land and ploughed over it. One of the accused seemed to have put forward a claim of right which he failed to establish Both the courts below held that there was sufficient evidence to establish the charge.3. Mr. Bari, the learned Counsel for the petitioners, submits that the conviction is bad in law inasmuch as there was non-compliance of Section 242 of the Code of Criminal Procedure. It is true that the order-sheet of the trial court does not show that the allegations in the complaint had been explained to the accused on their appearance. They were, however, examined at the close of the trial Under Sect...

The State Vs. Tomeiren Maringni

Court: Guwahati

R.S. Bindra, J.C.1. By judgment dated 21st of January 1969 the Sessions Judge. Manipur, convicted Tomeiren Maringni wife of Modun Maring (P. W. 1) under Section 302 I. P. C. for the murder of her mother-in-law Tongdar Maringni on the morning of 24-11-1967 in the village Koijam Khunou, and sentenced her to death. He has made a reference to this Court under Section 374 Cr. P. C. for confirmation of death sentence. The convict has also come up in appeal challenging the correctness of her conviction and sentence. This judgment will dispose of both the matters.2. The case of prosecution rests on confessions, judicial as well extra-judicial, made by the accused and on circumstantial evidence. There was no eyewitness of the occurrence.3. It was at about 6-00 a.m. on 24-11-1967, according to the prosecution story, that Tongdar left her house with a basket for Koijam Konjin hill in the village for collecting vegetables, and a short while thereafter the accused Tomeiren also went from the house...