Guwahati Court January 1971 Judgments
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Rabindra Kumar Bhattacharjee Vs. Dharma Gour and ors.
Court: Guwahati
Decided on: Jan-19-1971
R.S. Bindra, J.C.1. To appreciate the lefial point involved in this reference made by the Additional Sessions Judge. Tripura, Under Section 438 Cr.PC. the relevant facts must be briefly set out. The revision petitioner Rabindra Kumar before the Additional Sessions Judee complained to the Officer-in-charge of the police station at Dharmanaear that there was apprehension of breach of peace in respect of 5 kanis of land situate in village Dewan Pasha. That Officer-in-Charge made inquiry into that complaint and then submitted a report to the Magistrate First Class. Dharmanagar. on 23-11-1968, statins that there was actually an apprehension of breach of peace over the possession of the land mentioned between Rabindra Kumar on one hand and Dharma Gour and his seven associates, the respondents herein, on the other. The learned Magistrate passed preliminary order under Sub-section (1) of Section 145 Cr.PC on the same date and simultaneouslv directed attachment of the land. He issued notices t...
Male Boroni Vs. the State
Court: Guwahati
Decided on: Jan-18-1971
M.C. Pathak, J.1. This appeal from jail is directed against the order of conviction of the appellant Under Section 302, Indian Penal Code and sentence of imprisonment for life.2. The prosecution case is that on the night of 15th October, 1967 at about 2 a.m. while Gurmao Boro was sleeping in his house, his first wife Male Boroni struck several dao blows on him. On receipt of the dao blows Gurmao Boro ran towards the house of Khala Boro and accused Male Boroni chased him with the dao in her hand. Gurmao Boro fell down in the court-yard of' Khala Boro and the accused Male Boront dealt him two more blows with the dao. Meanwhile, the second wife of Gurmao Boro who was sleeping in another, house, roused by the sound, went to the house where Gurmao Boro was sleeping. She saw Gurmao Boro running towards the house of Khala Boro being chased by Male Boroni with a dao in hand. She found Gurmao Boro lying in the court- yard of Khala Boro and the accused gave two more blows on him. She then calle...
Monoranian Das Vs. the State
Court: Guwahati
Decided on: Jan-16-1971
R.S. Bindra, J.C.1. The petitioner Monoranjan Das was hauled up under Clause (a) of Section 26(1) of the Indian Forest Act, 1927, on the charge that on 5-1-1968 he happened to clear 3 kanis of land from within the reserved forest called Chandrapur without any permit and thereby occasioned a loss of Rs. 500/- to the Forest Department. The defence set up by Monoranjan Das was that the fuel wood found in his possession by the Forest Patrol Officer, Shri Sankar Bhowmick. had been collected by him from the reserved forest on the basis of permit issued to him and that the complainant unnecessarily wanted to harass him with a view to extort illegal gratification from him, The trial Court found the charge established and on negativing the defence plea it convicted Monoranjan Das under Section 26(1) of the Act and sentenced him to a fine of Rs. 25/-, or, in default, seven days' rigorous imprisonment. Having felt aggrieved Monoranjan Das took the matter in revision to the Court of Sessions Jud...
H.R. Gurappa Vs. Bannur Venktappa and ors.
Court: Guwahati
Decided on: Jan-11-1971
M. S. Nesargi, J.1. In this petition, the petitioner is the complainant in the Court of the Special First Class Magistrate, Ramanagaram in Criminal Case No. 1444 of 1968. He has challenged the correctness and legality of the order of discharge of the accused respondents passed by the learned Special First Class Magistrate in the said case on 15.9.1970.2. The facts giving rise of this petition may be briefly narrated as follows:The petitioner, as complainant, complained of offences falling Under Sections 143,447 and 427, Penal Code against respondents as accused and the police, after investigating into the complaint, submitted 'B' report to the learned Magistrate. The learned Magistrate accepted the report. The complainant appeared before the learned Magistrate and offered to sub. stantiate his complaint allegations and an opportunity was given by the learned Magistrate. Thereafter, the learned Magistrate dismissed the complaint Under Section 203, Criminal P.C.The complainant preferred...
Suresh Chandra Das and anr. Vs. State of Maghalaya
Court: Guwahati
Decided on: Jan-07-1971
D.M. Sen, J.1. This is an application Under Sections 561-A and 439 of the Code of Criminal Procedure and also under Rule 22 of the Rules for the Administration of justice/police in Garo Hills District as well as under Article 227 of the Constitution of India, by the accused petitioner against an order dated 17-10-1970, passed by the learned Additional Deputy Commissioner, Garo Hills, Tura in Criminal Appeal No. 14 of 1970.2. It is urged on behalf of the accused-petitioner by Mr. P.C. Kataki, the learned Counsel appearing for him. that the charge framed against the accused-petitioner is not supported by any evidence whatsoever before the learned Magistrate. In other words his submission is that no magistrate could reason-' ably form an opinion that there was any ground for presuming that the accused had committed an offence triable under the Code of Criminal Procedure, upon consideration of the documents which were before him and upon hearing of the prosecution witnesses and the accuse...
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