Guwahati Court February 1970 Judgments
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Hari Charan Deb Barma Vs. Hriday Ranjan Ghosh
Court: Guwahati
Decided on: Feb-27-1970
R.S. Bindra, J.C.1. The precise point that arises for determination in this reference made Under Section 488, Criminal P.C., by the Additional Sessions Judge, Tripura, is whether in terms of Sub-section (9) of 8. 145, Criminal P.C., it is open to a party to approach the Magistrate with a request to summon a, witness other than one who has filed an affidavit in accordance with the provisions of Sub-section (1) of Section 145, Criminal P.C.2. The facts of the case fall within a short compass. The petitioner Hari Charan Deb Birma moved an application before the Sub. Divisional Magistrate, Agartala, on 16-4.1966 praying that Kabir Khan, a surveyor in the office of the Sub.Diviaional Migiatrate, Sadar, be summoned for swearing affidavit bearing on the possession over the land in dispute. It was mentioned in the application that the evidence of Kabir Khan was necessary to settle the dispute whether the petitioner or the respondent was in possession of the land. The learned Sub-Divisional Ma...
Majan Mia and ors. Vs. the State
Court: Guwahati
Decided on: Feb-23-1970
P.K. Goswami, C.J.1. This appeal is by three appellants who are the only convicted persons out of twelve including them charged before the Court of Session under various sections of the Indian Penal Code. These three were convicted under Sections 302/149, 302/34 and 147, I.P.C. and sentenced to imprisonment for life under the first two sections and one year's R.I. under Section 147, I.P.C.2. Prosecution case as revealed in the first information report is that on 2nd September, 1966 at about 8-00 A.M. when Ramesh Chandra Nath (deceased) and his son Rabindra Kumar Nath (P.W. 4) were ploughing their land, accused Majan Mia along with 30/35 persons armed with lenjas, spears, daos and lathis attacked them from all directions. Ramesh and Rabindra received severe injuries and Ramesh who was removed to the Barkhola hospital succumbed to the injuries the same day after a dying declaration had been recorded by the doctor attending him there. Rabindra who received medical treatment at Silchar h...
Ram Kamal Bezboruah Vs. Chandra Nath Kalita and ors.
Court: Guwahati
Decided on: Feb-16-1970
P.K. Goswami, C.J.1. This appeal by .special leave is against an order of acquittal passed by a Magistrate, First Class, in a case instituted on a complaint.2. The facts to which we will soon briefly refer, throw a lurid light over the affairs of an educational institution at Teok within Sibsagar District. The complainant in this case is the son of late C. K. Bezbarua, in whose name this college has been functioning. It is said, he and his other brothers donated a sum of nearly Rs. 90,000/- for the college which was initially sponsored by the public of the area and given the name of Purbachal College. Later on, perhaps, on the land being donated by these Bezbaruas and some funds being also made available by them, the original sponsors agreed that the college would be named after their late father C. K. Bezbarua. At first, there was a Steering Committee of the College whose members initiated the whole project and came to be known as the Ad hop Governing Body of the College. This govern...
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