Guwahati Court November 1970 Judgments
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Lal Singh Kabui Vs. the State of Assam
Court: Guwahati
Decided on: Nov-27-1970
M.C. Pathak, J.1. This revision petition is directed against the order of conviction and sentence passed against the accused-petitioner Under Section 25(1)(a) of the Arms Act, 1959.2. The prosecution case is that on 2-9-66 at about 8.30 P. M. the accused was found by the Assistant Sub-Inspector of Police of the Badarpur G. R. P. S. and some Excise constables, sitting on a bench in the third class waiting shed of the Badarpur Railway Station. On suspicion his luggages were searched and nothing was found. Then his person was searched and from the pocket of his trousers five live cartridges fitted to a charger of .303 rifle were recovered. The accused could not furnish any satisfactory explanation about the possession of the same. The Assistant Sub-Inspector of Police submitted an offence report to the Officer-in-charge of Badarpur G. R. P. S. After investigation charge sheet Under Section 25(1)(a) of the Arms Act was submitted against the accused-petitioner. Charge Under Section 25(1)(a...
Rongseng Sangma Vs. the State of Assam
Court: Guwahati
Decided on: Nov-26-1970
M.C. Pathak, J.1. By this application Under Section 439, Criminal Procedure Code and/or Rule 22 of the Rules for the Administration of Justice and Police in the Garo Hills District the petitioner has challenged the order passed by the Deputy Commissioner, Garo Hills in Criminal Revision No. 10 of 1968.2. The police submitted charge-sheet against the petitioner Under Section 435, Indian Penal Code on 19-5-1965. Thereafter on 14-7-1965 charge Under Section 435, Indian Penal Code was framed against the accused petitioner, to which he pleaded not guilty. The case dragged on and some prosecution witnesses were examined. On 28-6-1968 the learned Assistant to the Deputy Commissioner and Magistrate, First Class, Garo Hills passed the following order:-The accused is present. The I.O. is absent in spite of receiving summons. No step is taken. It appears that W/A is to be issued to the I/O. But I don't want to put the I/O into unnecessary trouble. The prosecution is not interested with the...
Makhan Chandra Sen Vs. the State
Court: Guwahati
Decided on: Nov-23-1970
K.V. Rathnam, A.J.C.1. One Makhan Chandra Sen, the accused in C. R. case 476 of 63 on the file of 1st Class Magistrate, Sadar is the revision petitioner. He is convicted by the trial court Under Section 46(a) of the Bengal Excise Act and sentenced to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for 15 days. His appeal 96 of 1963 was dismissed by the Addl. Sessions Judge, Tripura confirming the conviction and sentence passed by the trial court.2. Briefly stated, the case of the prosecution is that at about 8 p. m. on 20th August, 1963, the accused Makhan Chandra Sen was found coming towards his shop on a cycle carrying two packets covered with gunny bags. Kalidas Deb Barma, the Inspector of Excise, have along with his excise guard was keeping watch on the Maharajganj Bazar Road, stopped the accused. Thereupon the accused attempted to destroy the articles which he was carrying and had actually broken one bottle alleged to contain liquor. The Excise Inspector (P.W....
Silchar Municipal Board Vs. Rakhal Chandra Roy
Court: Guwahati
Decided on: Nov-12-1970
P.K. Goswami, C.J.1. The above application for special leave to prefer an appeal Under Section 417 (3) of the Code of Criminal Procedure was filed two days beyond time. An application for condonation of the delay Under Section 5 of the Limitation Act 1963 (Act No. 35 of 1963) was filed. This application is resisted by the respondent.2. The question that arises for consideration is whether Section 5 of the Limitation Act can be invoked in an application for special leave Under Section 417 (3), in view of the provisions of Sub-section (4) of Section 417 of the Code of Criminal Procedure.4, Section 417 (4) reads as follows:-No application under Sub-section (3) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order of acquittal.It is submitted that Sub-section (4) is a bar to entertainment of an application for special leave Under Section 417 (3) beyond the period of sixty ...
State Vs. Thomba
Court: Guwahati
Decided on: Nov-03-1970
R.S. Bindra, J.C.1. Shri H. Tomba was convicted Under Section 25(1)(a) of the Indian Arms Act on 8-5-1969 on the plea of guilty alleged to have been entered by him, and he was sentenced to a fine of Rs. 100/- or in default 45 days' rigorous imprisonment. The State felt aggrieved with the sentence imposed and so filed the instant revision petition praying that the sentence should be suitably enhanced. It was mentioned in the revision petition that in view of the prevalent law and order situation in the Territory of Manipur it was essential that some corporal punishment should have been awarded to the convict.2. When the revision petition came up for hearing in this Court, Shri Priyananda Singh, representing the convict, challenged the validity of the conviction itself. It was conceded by the learned Government Advocate that it was open to the convict in the present revision to show cause against his conviction. Sub-section (6) of Section 439, Criminal P.C. provides that notwithstanding...
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