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Guwahati Court May 1984 Judgments

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May 02 1984

Abdul Nur Laskar Vs. the State of Assam

Court: Guwahati

Decided on: May-02-1984

Reported in: 1985CriLJ1959

ORDERK. Lahiri, J.1. Against the order of conviction under Section 448 of the Penal Code and sentence of fine of Rs. 100/- in default to surfer R. I. for one month, the petitioner has preferred the Criminal revision.2. The prosecution case is that on Mar. 7, 1976 at about 7 p.m. the accused took shelter in the out-house of the first informant but thereafter did not leave the house : The first informant convened meeting of the local people to decide the dispute but the accused did not vacate the land. Accordingly, the first informant lodged a First Information Report. The accused was charged under Sections 448 and 426 of the Penal Code. However, he was acquitted of the charge under Section 426 of the I.P.C., but convicted under Section 448 by Shri H. M. Barkakati, Sub-divisional Judicial Magistrate, 1st Class at Hailakandi, The first informant examined himself as P.W.1 and stated that on 7-3-76 the accused with his leave took shelter for the night but unlawfully remained there. The accu...


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