Guwahati Court May 2003 Judgments
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Maneswar Mali Vs. State of Assam
Court: Guwahati
Decided on: May-05-2003
P.G. Agarwal, J.1. Heard the learned counsel for the appellant and the learned P.P.2. This appeal is directed against the judgment and Order dated 7.11.1997 passed by the Sessions Judge, Tinsukia, in Sessions Case No. 117(T) of 1995 (G.R. Case No. 670/95) whereby the accused appellant was convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5000 in default further imprisonment for two years.3. The appellant before us Maneswar Mali and the deceased Bamlu Chaura were working as ploughmen in the house of the complainant Umesh Bora of Bokapathar Gaon under Digboi Police Station. They were provided with a room where they were staying together and they were provided free fooding by the employer. The incident took place on 24.5.1995 around 7 P.M. While the deceased Bamlu was taking rest in the room, the accused appellant Maneswar Mali returned back home with the cattle and asked Bamlu to help him out but the latter refused. Thereafter, Manswar afte...
Manik Das Vs. State of Assam
Court: Guwahati
Decided on: May-05-2003
P. G. Agarwal, J. 1. Heard Mr. J. M. Choudhury, learned Senior counsel for appellant and the learned Public Prosecutor. 2. This appeal is directed against the judgment, dated 2.4.1998, passed by the Sessions Judge at Dhemaji, in Session Case No. 28 (DH)/96 and committed by the Judicial. Magistrate, 1st Class, Dhemaji, in GR Case No. 1152/95(Slp) dated 28.3.1996. 3. In Sessions Case No. 28 (DH)/96, the three accused persons were tried for commission of offence under Section 302 I.P.C. and on conclusion of the trial, learned Sessions Judge, Dhemaji, by the impugned order, convicted the appellant, Manik Das, to undergo rigorous imprisonment for life and to pay a fine of Rs. 100, in default, further rigorous imprisonment for one month under Section 302 IPC. 4. The other two accused persons, namely, Haripada Das and Harekrishna Das, the father and son duo, were convicted under Section 323 IPC and released on admonition under Section 3 of the Probation of Offenders Act and they have no...
Bhuban Konwer Vs. State of Assam
Court: Guwahati
Decided on: May-05-2003
P. G. Agarwal, J. 1. The appellant before us stands convicted under Section 304 Part-I, IPC, and he has been sentenced to imprisonment for ten years and to pay a fine of Rs. 1,000 in default further imprisonment for six months by the Sessions Judge, Sibsagar, in Sessions Case No. 45(S-S) of 1995 arising out of G. R. Case No. 57 of 1995. 2. The prosecution case as unfolded by the wife of the accused is that on 15.1.1995 while she was at her parents place, the accused went there to bring her back and thereafter while some altercation was going on between them, accused snatched away his three months old baby from her lap and dashed the baby on the ground as a result of which the baby died. The FIR was lodged naming the accused. Dr. Dilip Gogoi (PW-5) held the autopsy over the dead body and found as to follows : '(1) Fracture of cranium with exposure of brain matters. (2) Brain membranes exposed and healthy but decomposed. (3) Brain and Spinal cord- Brain is exposed, decomposed and...
Naresh Mirdha Vs. State of Assam
Court: Guwahati
Decided on: May-05-2003
I. A. Ansari, J. 1. This appeal has been preferred against the judgment and order dated 28.10.1998, passed by the learned Single Judge, Tinsukia, in Sessions Case No. 45(T)/96, convicting the accused-appellant under Section 304 IPC and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2000 and in default, to undergo further rigorous imprisonment for a period of on year.2. The case of the prosecution, as unfold at the trial, may, in brief, be stated as follows:On 15.4.1995 at 10.15 A.M., one Smti. Chandravati Mirdha, a resident of labour line No. 37 of Chamdang Mechaijan Tea Estate, lodged a written FIR, at Doom Dooma police station, stating, inter alia, that on the previous night at about 7 P.M., while her husband, Hiralal Mirdha, went out to the same labour line, the present appellant and his brother, Ajit Mirdha, on the said labour line had assaulted Hiralal with a dao on different parts of his body seriously wounding him and on receiving informat...
Rangtu Munda Vs. State of Assam
Court: Guwahati
Decided on: May-05-2003
P. G. Agarwal, J. 1. Heard Mr. T C Chutia, learned amicus curiae for the appellant, and Mr. PC Gayan, learned Additional Public Prosecutor, Assam. 2. This criminal appeal arises out of the judgment and order dated 12.12.1997 passed by the learned Sessions Judges, Sibsagar, in Sessions Case No. 45(S-S)/1996 whereby convicting the accused/appellant Rangtu Munda under Section 302, Indian Penal Code, and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 4,000, in default to undergo imprisonment for two years. 3. The prosecution case, in brief, is that Smti Mary Munda, wife of the accused/appellant, Rangtu Munda was found missing since 23.10.1995 and on the next day her dead body was found in the house of one Gobra Tanti with injuries on her person. Thereafter, the son of the deceased lodged the First Information Report and the dead body was sent for post-mortem examination. 4. PW 7 is Doctor BK Das who held post-mortem examination over the dead body ...
Dharani Pator Vs. State of Assam
Court: Guwahati
Decided on: May-02-2003
P.G. Agarwal, J. 1. Heard Sri R. Barua, learned counsel for the appellant, and Mr. P. C. Gayan, learned Addl., Public Prosecutor.2. This appeal is directed against the judgment and order passed, on 2.3.2002, by the Additional Sessions Judge, Nagaon, in Sessions Case No. 101(N)/99, whereby the accused-appellant, Dharani Pator, along with Monan Teron were convicted under Section 302 IPC and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000 each and, in default, to further imprisonment for one month each.3. The prosecution's allegation in short is that on 4.7.1998, the deceased Lakhimoni Debnath @ Jatin alongwith his brother Babu Moni Nath went to invite guests and thereafter, the said Lakhimoni Debnath was found missing. The dead body of Lakhimoni Debnath was recovered from a place near Airawat Bed. The police after usual Investigation, submitted charge-sheet against the accused persons. However, one of the accused persons, namely, Dimbeswar Bordoloi abscon...
Dr. Shamina SahIn Haque Vs. Syed Safiur Rahman
Court: Guwahati
Decided on: May-01-2003
S.K. Kar, J. 1. This revision petition is presented by Dr. Shamina Sahin Haque being dissatisfied with the order dated 3.9.2002 passed in T.S. No. 12 of 1996, refusing her impleadment as a party to the suit on the ground that she was a bona fide purchase of the portion of the suit property for value in good faith without notice. 2. The petition is objected by the learned counsel appearing for the respondent-plaintiff, Smti. Syed Safiur Rahman on the ground that the impleadment is a delayed matter, as the suit is pending from 1996 and it is already at a matured stage awaiting final decision. (This is not correct because closing part of the impugned order goes as follows :- 'Fix 9/10/02 for framing of issue'.) 3. Without going into the details of the fact, the main point/the ground on which, the prayer for impleadment was rejected, is that the provision of section 52 of the Transfer of Property Act, is a bar for such impleadment because any transfer with respect to property which is a...
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