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Guwahati Court March 1972 Judgments

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Mar 30 1972

Deoram Hazarika Vs. Chama Mura and anr.

Court: Guwahati

Decided on: Mar-30-1972

Baharul Islam, J.1. This is an application under Section 439 of the Code of Criminal Procedure and is directed against the order dated 5-7-69 passed by a first class Magistrate at Tezpur in Misc. Case No. 195/68 under Section 145. Cr. P.C.2. The case of the first party was that he purchased 11B-4K-13L of land and got possession of the same and he was continuing in possession. As the second party tried to dispossess him. he filed an application for proceedings under Section 145, Cr. P.C. and accordingly the Magistrate drew up proceedings by an order dated 28-3-68. Both the parties in pursuance of that order of the Magistrate, filed their written statements, affidavits and other documents in support of their respective claims. The Magistrate however being unable to decide the question of possession, referred the case to the Civil Court under Section 146 (I) Cr. P.C. to decide the question of possession. The Munsiff after hearing the parties, passed an order on 30-6-69 declaring the sec...


Mar 06 1972

Ahmed Noor Khan and ors. Vs. the State of Assam

Court: Guwahati

Decided on: Mar-06-1972

P.K. Goswami, C.J.1. This judgment will govern all the three criminal revisions arising out of a common judgment.2. Accused Ahmed Noor Khan alias Nabu Khan is convicted under Section 6 of the Assam Opium Prohibition Act, 1947, hereinafter called 'the Act', and sentenced to two years' rigorous imprisonment and to a fine of Rs. 2,000/-, in default six months' rigorous imprisonment. His vehicle DLI 5860 was confiscated by the Magistrate although the learned Sessions Judge has not adverted to that order in his judgment. Accused Naresh Chandra Das is convicted under Section 5(a) of the Act with a similar sentence. Accused Suleman Munchi is convicted under Section 10 of the Act with an identical sentence.3. It appears five accused were facing trial after charge namely, Suleman Munchi, Bachan Khan, Ahmed Noor Khan alias Nabu Khan (son of Md. Jahur Khan), Habib Jan Khan and Naresh Das, and the remaining four accused persons namely, Mahavir Prasad Bharatia, Lakhi Kanta Das, Gora Ansari Julay ...


Mar 03 1972

Sadananda BorgohaIn Vs. the State of Assam and anr.

Court: Guwahati

Decided on: Mar-03-1972

Baharul Islam, J.1. This application under Section 439 of the Code of Criminal Procedure is directed against the order, of conviction and sentence passed against the accused-petitioner under Section 354, Indian Penal Code, by the learned Additional District Magistrate (Judicial), Dibrugarh. The petitioner was ' sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs. 100/-, in default rigorous imprisonment for one month more. On appeal, the order of conviction and sentence was upheld by the learned Sessions Judge, Dibrugarh.2. The prosecution case was that the petitioner Sadananda Borgohain was a school teacher. On the date of occurrence, namely on 2-10-67, he took Mst. Anjalibala Phukan, a school girl, to the school at Bezpathargaon, while she was going by the school to a friend's house, and outraged her modesty by having sexual intercourse with her in a room of that school. In the evening the matter was reported by the girl to her father who informed the s...


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