Guwahati Court February 1982 Judgments

Mohammad JasimuddIn Ahmed Vs. State of Assam

Court: Guwahati

D. Pathak, Actg. C.J.1. Appellant Jasimuddin Ahmed alias Abdul Waheb was tried under Section 302 read with Section 34 Indian Penal Code along with six other accused persons including Gelo Rashid alias Abdul Rashid for causing the death of Hasen Ali Mondal. After the conclusion of the trial accused Gelo Rashid was convicted under Section 326 Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/- only, in default to rigorous imprisonment for further six months. The appellant was convicted under Section 302 read with Section 114 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default to rigorous imprisonment for further one year. This appeal is only by Jasimuddin.2. The brief narration of the facts for the prosecution is that on 23-8-1971 deceased Hasen Ali Mondal of village Kaimari, who was the President of the Saguanchara Gaon Sabha was returning home along with ...

Pratap Chandra Kakati and anr. Vs. State of Assam

Court: Guwahati

B.L. Hansaria, J.1. 'Nothing rankles more in the human heart than a brooding sense of injustice. Illness we can put up with. But, injustice makes us want to pull things down. When only the rich can enjoy the law, as a doubtful luxury, and the poor, who need it most, cannot have it because its expense puts it, beyond their reach, the threat to the continued existence of a free democracy is not imaginary but very real, because democracy's very life depends upon making the machinery of justice so effective that every citizen shall believe in and benefit by its impartiality and fairness.The above observation of Brennan, J. has more application to this country because of deep poverty here. It was the realisation of great social injustice and that too in a forum of justice which must have led to the insertion of Article 39A by the Forty-Second Amendment Act, 1976, in our Constitution ''Equal Justice' had really been a part of our organic document from its very inception in Article 14 of th...

irengbam Labei Singh and ors. Vs. State of Manipur

Court: Guwahati

T.C. Das, J. 1. Every homicidal action was termed as felonious, unless it was justified or, within the limits described as excusable. A physical attack upon a harmless man causing him to suffer a fatal effect, is termed as heinous and brutal action unexcusable in law without any legal, valid, and exceptionally reasonable cause. If life is taken by an action of atrocious and brutal act, if proved, there is no escape than to suffer the consequence of legal verdict.2. We are dealing with such a case where the prosecution alleges that the 11 accused persons formed an unlawful assembly and attacked Khumanthem Maimu Singh in a helpless condition by trespassing into his house forcibly, by breaking open the door in a broad day light on 20-5-1974. The prosecution alleges that the brutal death of the above-named Maimu Singh was caused by the accused-appellants and their associates, This is the reason why the accused-appellants were hauled up before the learned Additional Sessions Judge, Manipu...

Moirangthem Chaoba Singh and anr. Vs. State of Manipur

Court: Guwahati

K.N. Saikia, J.1. The appellant Moirangthem Chaoba Singh, aged about 19 years and Moirangthem Gojendra Singh, aged about 17 years have been convicted, the former under Section 326/34 I.P.C. and sentenced to 1 1/2 years' R. I and the latter under Section 326 I.P.C. and sentenced to 2 years' R. I.2. The evident facts are that Ningthoujam Budhi Singh (P. W. 2) lodged information with the O/C. Moirang Police Station on 2-9-1973 stating that his brother Ningthoujam Lakpa Singh was lying unconscious and likely to die as the two appellants attempted to murder him with a dagger (Louri Thangchou) that morning at 7-00 a. m., being so informed by Khoiron Amusana Singh (P. W, 5). Moirang Police Station registered the case in F.I.R. 113 (8) 73 Under Section 307/34 I.P.C. and P. W. 7 Maibam Biramangol Singh took up investigation, reached the place of occurrence at 10-40 a. m. Prior to this, A. S. I. Babudhon Singh, who registered the case had already submitted injury form to the Medical Officer, i...

Niren Sarma and anr. Vs. State of Assam and ors.

Court: Guwahati

B.L. Hansaria, J. 1. Preventive detention is an anathema to the cherished concept of liberty enshrined in Article 21 of the Constitution. Nonetheless the framers of the Constitution made provision for the same in Article 22. It has therefore been regarded as a necessary evil. But evil as it is, its operation has to be kept confined to the strict requirements of the law, and if two views on a matter be reasonably possible, the one beneficial to the detenu has to be adopted. When the courts are confronted with cases of this nature, they have to keep in forefront the upholding of the cherished freedom of the individual as far as possible, of course, by not putting the larger public interest of an orderly society in jeopardy.2. In these two cases, the petitioners came to be detained in pursuance of orders passed by the learned District Magistrate, Sibsagar, on 28-12-1981 (in Civil Rule No. 9/82) after the Superintendent of Police had approached him by forwarding the history sheet (dossie...

Amrik Singh Gandhi Vs. Premier Tyres Ltd.

Court: Guwahati

K. Lahiri, J.1. It is a tell-tale story and I do not desire to highlight the inaction of the members of the judiciary. The complaint was lodged on 15-10-1977 and proceedings continued till 20-11-1980 but not a single witness could be examined in the case. Leisurely and pleasurely the complainant took time from this Court. I would observe that a simple case which may be a proper case for civil litigation was kept alive by ingenious methods and accused suffered injustice. There is no alibi nor is there any reasonable explanation worth the name for the colossal waste of time and money, harassment and injustice,2. Pope Paul in opening of the Judicial Year of the Second Roman Rota pointed that delay in dispensing justice is 'in itself an act of injustice.' Slow motion in dispensing justice, that too systematically, must claim our immediate attention towards basic reformation of the structure and procedure of the Court system, if the Judicature is to sustain 'litigative credibility of the c...

New India Assurance Company Ltd. Vs. Hareswar Dev Sarma and ors.

Court: Guwahati

Saikia, J.1. The insurer's first appeal under Section 110D of the M.V. Act, 1939, is from an award of the Motor Accidents Claims Tribunal, Kamrup.2. On April 9, 1971, at about 9.30 a.m. one Niranjan Sarma, aged 22 years, was proceeding on his bicycle through the National Highway towards Boroma West near the PWD Sub-Divisional Office when a new truck (chassis only) owned by Shri Tilok Chandra Kachari, respondent No. 2, and driven by Md. Raffique Sheikh, respondent No. 3, knocked him down from behind as a result of which he was injured on his head and he died at the Gauhati Medical College Hospital on the same day at 11.30 p.m. Respondent No. 1, Shri Hareswar Dev Sarma, father of Niranjan Sarma, claimed compensation of Rs. 20,000 only, naming the appellant as the insurer of the vehicle alleging rash and negligent driving. Before the Tribunal, the appellant and respondents Nos. 2 and 3 filed separate written statements. The owner denied that the vehicle was being driven with rashness or ...

Union Territory of Arunachal Pradesh Vs. Laa Tagum

Court: Guwahati

K.N. Saikia, J.1. This Criminal Hills Reference is under the Assam Frontier (Administration of Justice) Regulations, 1945 from the judgment of the Deputy Commissioner convicting the opposite party under Section 302 I.P.C. sentencing him to imprisonment for life.2. Lumi Tayum (shortly 'Tayum') of Laa village in Subansiri District of Arunachal Pradesh married Lumi Yari (P. W. 2) of Hipu village paying bride's price according to their Miri custom. As destiny would design it, the accused Laa Tagum (shortly, 'Tagum'), a co-villagery developed illicit relationship with Lumi Yari (shortly, 'Yari') even since sometime after she gave birth to her first child. The case of their illicit relation was heard on three occasions by the Laa Village Council and accordingly three DAPOs were performed first time paying two 'kahis', two 'majis' and one pig; after one year', for the second time, paying one 'maji', Rs. 50/- and one pig; and for the third time, paying one 'maji', and rupees 50/-. Meanwhile ...

Smt. Tarulata Devi and ors. Vs. Nikhil Bandhu Mishra and ors.

Court: Guwahati

Reported in: 1982CriLJ1665

1. The criminal revision is an off-shoot of a proceeding Under Section 145 of the Criminal P.C. for short "the Code".2. The object of Section 145 of "the Code" is to prevent breach of peace and for that end to provide a speedy remedy by bringing the contending parties before the Court and ascertaining who of them was in actual possession, to maintain status quo until their rights are finally determined by a competent court. The life of the order is conterminous with the passing a decree by Civil Court and the moment the Civil Court makes an order of eviction the final order of the Criminal Court stands superseded. The section authorises a Magistrate to issue a declaratory order in favour of the party that he is entitled to possession "until evicted therefrom in due course of law". The Magistrate does not decide or purport to decide a party's title or right to possession of the land as these areas are especially reserved for the Civil Court. The foundation of assumption of jurisdiction...

Smt. Tarulata Devi and ors. Vs. Nikhil Bandhu Mishra and ors.

Court: Guwahati

Reported in: 1982CriLJ1665

ORDERK. Lahiri, J.1. The criminal revision is an off-shoot of a proceeding Under Section 145 of the Criminal P.C. for short 'the Code'.2. The object of Section 145 of 'the Code' is to prevent breach of peace and for that end to provide a speedy remedy by bringing the contending parties before the Court and ascertaining who of them was in actual possession, to maintain status quo until their rights are finally determined by a competent court. The life of the order is conterminous with the passing a decree by Civil Court and the moment the Civil Court makes an order of eviction the final order of the Criminal Court stands superseded. The section authorises a Magistrate to issue a declaratory order in favour of the party that he is entitled to possession 'until evicted therefrom in due course of law'. The Magistrate does not decide or purport to decide a party's title or right to possession of the land as these areas are especially reserved for the Civil Court. The foundation of assumptio...