Guwahati Court February 1971 Judgments
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Kusnu Murari Vs. the State
Court: Guwahati
Decided on: Feb-26-1971
M.C. Pathak, J.1. The appellant has preferred this appeal against the order of conviction and sentence of life imprisonment Under Section 302, Penal Code passed by the learned Sessions Judge, Lakhimpur.2. The oase for the prosecution was that Srimati Sukurmoni was the wife of accused Kusnu Murari. On 9.7.67 at about mid-night the accused assaulted his wife with an iron rod. Alarm being raised, P.Ws. Ganeah Prasad Singh, Dwarika Prasad and Satrughna Tanti came and found the accused assaulting his wife. They caught hold of the accused, snatched away the iron rod from his hand and tied him and thereafter the line Chowkidar was informed, who in turn informed the garden authorities.3. The first information report was lodged by Haran Chandra Bhattacharjee, Head Clerk of Bisakupi Tea Garden, Police registered a case Under Section 302, Penal Code and after investigation submitted charge-sheet Under Section 302, Penal Code. The learned Magistrate committed the accused to the Court of Session t...
Rabi Deb Barma and anr. Vs. the State
Court: Guwahati
Decided on: Feb-16-1971
R.S. Bindra, J.C.1. The appellants Rabi Deb Barma and Nehai Deb Barma, real brothers, were committed to the Court of Session on a charge under Section 302, read with Section 34 of the Indian Penal Code, but were acquitted of that charge and instead convicted under Section 325 read with Section 34 of the Indian Penal Code. Each was sentenced to seven years' rigorous imprisonment and a fine of Rs. 1000/-, or in default, additional rigorous imprisonment for one year. The trial Court directed that if the fine was realised it shall be paid wholly to the wife of Lakshman Deb Barma the deceased of this case. The convicts having felt aggrieved filed the instant appeal through jail but subsequently they engaged Shri R. Ghosh who has argued the appeal today on their behalf.2. The case of the prosecution can be set out in a few words. In connection with the marriage of Kamala P. W. 4. the daughter of Bhagirath Deb Barma P. W. 2, a feast was held in the house of the latter on 7.3.1964 in honour o...
Montoor Ahmed Vs. the Presiding Officer Industrial Tribunal and ors.
Court: Guwahati
Decided on: Feb-15-1971
P.K. Goswami, C.J.1. This application under Article 226 of the Constitution of India is directed against an order of the Industrial Tribunal holding that an application under Section 33A of the Industrial Disputes Act is not maintainable in law. In that view of the matter, the Tribunal rejected the application.2. The case of the employee was that he went on leave on 10-4-69 to return on 8-5-69. He had been to his native place in Bihar. Leave was extended up to 25-5-69. Even thereafter he did not report till 20-6-69. Meanwhile the employer taking recourse to para. 12 of the standing orders removed the petitioner's name from the roll by an order dated 18-6-69.3. Para. 12 of the standing orders reads as follows:-- 12. Overstay of leave:If a workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he returns within 8 days of the expiry of the leave and explains to the satisfaction of the General Manager...
The State of Tripura Vs. Niranjan Deb Barma and ors.
Court: Guwahati
Decided on: Feb-09-1971
K.V. Rathnam, Addl. J.C.1. The State of Tripura has preferred this appeal against the order of the 1st Class Magistrate. Agartala acquitting the five accused in C. R, Case No. 249 of 1969.2. The facts leading to the filing of this appeal are as follows:- On 29.4.67 one Ramesh Chandra Dey, the then Beat Officer. Golaghati Beat under P.S. Bishalgarh filed report before the Sub-divisional Magistrate. Agartala alleging that the 5 respondents have committed an offence punishable Under Section 26(1)(a) of the Indian Forest Act by clearing the jungle and cultivating a portion of the same. On the same day the Sub-divisional Magistrate. Agartala took the case on file under Section 26(1) of the Indian Forest Act and transferred the same to the 1st Class Magistrate for disposal, on 2.5.1967 the 1st Class Magistrate issued summons to the accused and posted the case to 1.7.67 for the appearance of the accused. As summons were not issued and as the accused were absent the case was adjourned to 1.8....
Wahengbam Iboton Singh Vs. Thokchom Amutombi Singh and anr.
Court: Guwahati
Decided on: Feb-09-1971
R.S. Bindra, J.C.1. This criminal revision by W. Iboton Singh is directed against the order dated 13-3-1970 by which Shri L Rabindra Singh, Magistrate First Class, Imphal, discharged Th. Amutombi Singh, one of the three accused who were prosecuted on the charge of cheating by impersonation. A revision petition filed by the complainant W. Iboton Singh against that discharge order having proved abortive in the Court of the Sessions Judge, Manipur. he has come up in revision to this Court.2. The allegations set out in the complaint were that in the month of March 1968 the accused Amutombi Singh approached the complainant for lending some money to his friend S. Babu Singh against the security of a paddy field. The complainant having agreed to do so, detailed talks followed between him, Amutombi Singh and Babu Singh when he (the complainant) was apprised that the paddy field proposed to be mortgaged' is situate in Iram Siphai and that it stands in the name of S. Nabin Singh a younger broth...
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