Guwahati Court June 1969 Judgments
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Ful Kumar and anr. Vs. the State
Court: Guwahati
Decided on: Jun-20-1969
R.S. Bindra, J.1. The appellants Fulkumar and Lalikumar challenge the correctness of their conviction under Section 364, Indian Penal Code, and sentence of 8 years' rigorous imprisonment, imposed on each by Shri N.M. Paul, the Additional Sessions Judge at Agartala, by his judgment dated 27-12-1966.2. The two appellants were tried on the charge of murder under Section 302, Indian Penal Code and in the alternative on the charge under Section 364, Indian Penal Code. Their co-accused Promode Ranjan Dewan was charged under Section 302 read with Section 109, I.P.C. and in the alternative under Section 364 read with Section 109, Indian Penal Code. The charge of murder could not be sustained against either of the accused and so they were all acquitted of that charge. Promode Ranjan Dewan was also exonerated of the charge under Section 364 read with Section 109, Indian Penal Code. The present appellants were held guilty under Section 364, Indian Penal Code and sentenced in the manner stated ab...
Narayan Chandra Das Vs. Sugan Chand Serawgi and anr.
Court: Guwahati
Decided on: Jun-06-1969
S.K. Dutta, C.J.1. This revision petition arises out of a proceeding under Section 133, Criminal P.C. The proceeding under the said section was drawn up on the basis of a police report. It was alleged that the second party had obstructed a publics path which was used by the first party.2. The scheme of inquiry in a proceeding under Section 188, Criminal P. C., is as follows:3. When a person is served with an order under Section 188, Criminal P.C.(i) The Magistrate shall ask him whether he denies the existence of the public right in question. In case of denial the Magistrate shall conduct an inquiry into the matter under 'S. 189-A before holding any inquiry under Section 137 or Section 188, Criminal P. C. At this inquiry the person shall have to produce re. liable evidence in support of his denial of a public right.(ii) If the Magistrate finds that there is some reliable evidence in support of the denial, his jurisdiction ceases and the proceeding shall be stayed until the matter is d...
Prem Chand JaIn Vs. State
Court: Guwahati
Decided on: Jun-03-1969
M.G. Pathak, J.1. This is a reference under Section 438, Cr. P. C. made by the learned Sessions Judge, Goalpara with recommendation for setting aside the impugned order and for return of paddy or the sale price thereof to the accused-petitioner.2. The petitioner's shop at Sukchar was searched by the Supply Inspector on 12-11-65 and found a stock of 58 bags of Ahu paddy weighing 34.80 quintals and the paddy was seized. The accused-petitioner could not produce any license for dealing in paddy as required under Clause 3 of the Assam Foodgrains (Licensing & Control) Order, 1961 (hereinafter called the 'Assam Order 1961). The Supply Inspector submitted an offence report against the petitioner with necessary sanction for prosecution under Section 7 of the Essential Commodities Act for violation of the provisions of the said Clause of the Assam Order 1961. The case was tried summarily by the learned Magistrate as provided in Section 12-A of the Essential Commodities Act, 1955.3. The prosecut...
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