Guwahati Court November 1971 Judgments
Rasamayee Das and ors. Vs. Nakul Ch. Deb and ors.
Court: Guwahati
Decided on: Nov-25-1971
P.K. Goswami, C.J.1. This criminal reference is by the learned Sessions Judge. Lakhim pur recommending to quash an order passed under Section 133. Criminal Procedure Code. or in the alternative to remand the case to the Magistrate for disposal in accordance with law.2. The proceeding under Section 133. Cr. P, C was drawn up by the Magistrate on 21st March 1968 on an application by the first party consisting of three applicants having their residential houses close to one another in Dag No. 1248 of Periodic Patta No. 437 of Tinsukia town since 35 years. It is alleged that a oath of 12 feet in breadth in front of their houses which adjoins the main road. described as Khageswar Road on the northern side. was obstructed by closing it by the opposite parties by constructing a brick wall 50 feet in length. The closure of the above path totally put a stop to their being able to communicate with the main road putting them in great distress. The Chairman. Development Authority. Tinsukia, pass...
Tag this Judgment!State of Assam Vs. Bhabananda Sarma and ors.
Court: Guwahati
Decided on: Nov-24-1971
M.C. Pathak, J. 1. The three respondents-(1) Bhabananda Sarma. (2) Phanidhar Sarma and (3) Harendra Nath Sarma; who are brothers were charged under Sections 302/34 and 323/34. Indian Penal Code and tried by the learned Sessions Judge. L. A. D. Gauhati. On consideration of the evidence on record, the learned Sessions Judge by his judgment and order dated 24-7-68 acquitted the Respondents on benefit of doubt and the present Government Criminal appeal is directed against this order of acquittal.2. The prosecution case may be briefly stated: On 10-11-67. at about 7 A. M. in the morning. Sashi Mohan Sarma (deceased) was proceeding to their field with some mustard seeds in a 'Kharahi' (basket) for sowing in the field. His elder brother Gopinath Sarma was also going with him taking some cattle to be tethered in the field. They proceeded together about half a furlong from their house by the village path when Gopinath with the cattle left the path and proceeded to nearby field for tethering t...
Tag this Judgment!Dhirendra Chandra Das Vs. District Magistrate Cachar and ors.
Court: Guwahati
Decided on: Nov-18-1971
P.K. Goswami, C.J.1. When this habeas corpus application came up for hearing on 15th November 1971. after hearing the learned Counsel for the petitioner and the learned Advocate-General. Assam we reached the conclusion that the order of detention could not be sustained and. therefore. released the petitioner from detention. We further observed that the reasons for the order would be given later on. and we give the same today.2. The petitioner is one of the partners of M/s Das Brothers and Co. a partnership firm carrying on business at Silchar for a number of years. The firm is the selling agent at Silchar of Indian Tobacco Company Ltd. and of other concerns. The firm is also one of the redistribution stockists of Silchar town of Eveready Batteries the only distributor or the wholesale selling agent of the said products in the district of Cacher being M/s. Ramkrishna Das and Sons of Karimgani town who gets supply of Eveready batteries directly from the manufacturers and in turn supplie...
Tag this Judgment!State Vs. Hetep Boro and ors.
Court: Guwahati
Decided on: Nov-12-1971
M.C. Pathak, J.1. Criminal Appeal No. 32(J)/68 and Government Criminal Appeal No. 13/68 are directed against the order of conviction and sentence and the order of acquittal respectively passed in Sessions Case No. 41 (K) of 1967. Altogether 51 persons were charged under Section 400, Indian Penal Code and tried by the learned Sessions Judge Goalpara. Out of them the case against 1 was given up by prosecution, 16 were convicted and 34 were acquitted. The 16 persons who were convicted and sentenced, have referred Criminal Appeal No. 32(J)/68 from the jail. The State Government has preferred Government Criminal Appeal No. 13/68 against the order of acquittal of the 34 accused persons.2. In Government Criminal Appeal No. 13/68, Mr. S. N. Bhuyan the learned counsel, has appeared on behalf of 6 Respondents, that is Respondents 14, 23, 25, 27 29 and 30.3. The prosecution case, in brief, was that the accused persons belonged to a gang associated for the purpose of habitually committing dacoit...
Tag this Judgment!Medu Sekh and anr. Vs. the State of Assam
Court: Guwahati
Decided on: Nov-10-1971
P.K. Goswami, C.J.1. This appeal is against conviction of accused Jamir Ali alias Bapu and Medu Sekh under Section 302/34 Indian Penal Code and sentence on each of them to imprisonment for life. Here is a case where a doe has responded to the command of man, but man has not to the command of law.2. The Prosecution case opens with the first information report by Rai-mil Sheikh (P. W. 5) the father of Faizu-ddin aged about 18 years, his murdered son, lodged at the Palasbari police station on 8th November 1965 at 3.30 p. m. It is stated therein that his son had left the previous evening after meal and was found lying dead at Sarpara paddy field that morning. It is further stated therein that 'some unknown miscreant has murdered my son....'. The Assistant Sub-Inspector of Police (P. W. 15), who. in the absence of the officer-in-charse. registered the case went to Sarpara field and held inquest over the dead body of Faizuddin (Ext. 10) the same afternoon and the dead body was sent for cos...
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