Guwahati Court December 1970 Judgments
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State of Tripura Vs. Raimohan Ghosh
Court: Guwahati
Decided on: Dec-22-1970
K.V. Rathnam Addl. J.C.1. This appeal preferred under Section 417 Criminal P.C. is directed against the order of the 3rd class, Magistrate. Udaipur acquitting the accused of an offence punishable under Section 26(1)(a) of the Indian Forest Act.2. The case of the prosecution is that on 27-6-1967 at about 8 A. M. the accused Raimohan Ghosh was found clearing some portions in a Jungle in respect of which a notification under Section 4 of the Indian Forest Act was issued. In support of the prosecution case. Sankar Bhowmik the patrolling officer and Bir Mohan Deb Barma a guard of the Forest Department are examined. The learned Magistrate, in view of the admissions of the two witnesses that the 'dao' with which the accused was clearing the jungle was not recovered and that the accused was not arrested, felt a doubt as to whether the accused was actually clearing the forest area and consequently acquitted the accused giving him the benefit of doubt. Against that order this appeal is preferr...
R.K. Madhuryyajit Singh and ors. Vs. Ngangbam Chandradhwaja Singh and ...
Court: Guwahati
Decided on: Dec-09-1970
R.S. Bindra, J.C.1. This revision petition filed Under Section 435 read with Section 439 of the Criminal P.C. (hereinafter referred to as the Code) by R, K. Madhuryyajit Singh and four others challenges the final order dated 23-12.1969 passed by Shri b. Gourachandra Singh, Sub. divisional Magistrate, Imphal West, Under Section 145 of the Code in favour of the respondent ' No. 1 Ng. Chandradhwaja Singh. ' be principal question that falls for determination, in the case is whether Shri S. C. Vaish, District Magistrate, Manipur Central, Imphal, had the necessary legal authority on 22nd November 1969 to place Shri Th. Gourachandra Singh, Sub-deputy Collect r with powers of Magistrate 2nd Class, in charge of Imphal West division Under Section 13 of the Code.2. The proceedings were initiated before Shri Gourachandra SiDgh by Ng. Chandia-dhwaja Singh, the respondent No. 1, who presented an application to the former Under Section 145, Criminal P.C. alleging that he was in lawful possession of ...
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