Guwahati Court February 2004 Judgments
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Rajeswar Gogoi Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2004
I.A. Ansari, J.1. This appeal is directed against the judgment and order, dated 22.1.1998, passed by the Sessions Judge, Dibrugarh, in Sessions Case No. 18/97, convicting the accused-appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 500 (Rupees five hundred).2. The prosecution case, as projected at the trial, may, in brief, be stated as follows: The accused, at the time of occurrence, used to live with his brother, Bhabesh Gogoi, their mother, Seoti Gogoi, and father, Milbor Gogoi (since deceased). At about 6 O-clock in the evening of 11th August, 1996, as a result of complaining by the accused that he had been given by his father less amount of pitha (a kind of suit-pie), the accused had a quarrel with his father and following this quarrel, the accused picked up a dao and gave blows with the same on his father killing him on the spot. On hearing the hue and cry of Seoti, several persons from the neighbourhood rushed to the house...
Prakash Rajgarh @ Kochu Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2004
I.A. Ansari, J.1. This appeal is directed against the judgment and order, dated 14.12.1998, passed by the learned Sessions Judge, Sibsagar, in Sessions Case No. 66(s-s)/96, convicting the accused-appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 1,000 and, in default of payment of fine, suffer rigorous imprisonment for a further period of 6 months.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated thus : On 10.9.1993 at about 7-30 PM, the accused-appellant, who was a co-labourer and neighbour of deceased Maniram Munda, having found fencing of his house broken, came in front of the house of the deceased and, upon being called by him, the deceased went out of his house to have a look at the place of the broken fencing. The accused, then assaulted the deceased by a dao. On hearing the cries of the deceased saying, 'I am being cut', his wife, Smt. Phulmati Murah, came out with a lighted lamp in her han...
Jai Kamal Sahu Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2004
I.A. Ansari, J.1. This is a shocking case of the killing of a teacher, Shri Rabin Nayak, by an outsider, namely, the accused-appellant, Jai Kamal Sahu, while the former was attending to his students inside a class-room of Harmoty Labour L.P. School.2. This appeal is directed against the judgment and order, dated 17.6.1997, passed by the learned Sessions Judge, North Lakhimpur, in Sessions Case No. 18(NL) of 1994, convicting the accused-appellant under Sections 302 and 448 IPC and sentencing him to suffer, for his conviction under Section 302 IPC, imprisonment for life and undergo, for his conviction under Section 448 IPC, rigorous imprisonment for a period of 2 (two) months, both the sentences having been directed to run concurrently.3. The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows :-Deceased Rabin Nayak was a teacher in Harmoty Labour L.P. School and the accused-appellant, Jai Kamal Sahu, was a shop-keeper, the house of the accu...
Prakash Rajgarh Alias Kochu Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2004
1. This appeal is directed against the judgment and order, dated 14-12-1998, passed by the learned Sessions Judge, Sibsagar, in Sessions Case No. 66 (s-s)/96, convicting the, accused-appellant under Section 302, IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 6 months.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated thus : On 10-9-1993 at about 7.30 pm, the accused-appellant, who was a co-labourer and neighbour of deceased Maniram Munda, having found fencing of his house broken, came in front of the house of the deceased and, upon being called by him, the deceased went out of his house to have a look at the place of the broken fencing. The accused, then assaulted the deceased by a dao. On hearing the cries of the deceased saying, 'I am being cut', his wife, Smt. Phulmati Murah, came out with a lighted lamp in her hands and sa...
Biren Borah Vs. United Bank of India and ors.
Court: Guwahati
Decided on: Feb-06-2004
B.K. Sharma, J. 1. Proportionality of the punishment of removal from service imposed on the petitioner is the subject matter of dispute raised in this writ petition.2. The petitioner while he was serving as Cash-cum-General Clerk at Dhekial Branch of the United Bank of India was charge sheeted by a letter dated May 4, 2001. The allegations levelled against the petitioner are as follows:'You were working as Cash-cum-General Clerk at Bank's Dhekial Branch during the period from November 10, 1992 to June 8, 2000. On April 6, 1998, you had fraudulently credited a sum of Rs. 1,00,000.00 to your S.B. Account No. 600 with Dhekial Branch as 'by HBL' in connivance with Shri Binay Barman Sangma, Manager of the Branch who authenticated the said entry. You have also entered an identical amount of Rs. 1,00,000.00 in the Day's Sub-Cash Book under the head 'Demand Loan' without creating any corresponding Loan Account, to suppress your above fraudulent entry, in Branch Day's Accounts, for your person...
Gitesh Ranjan Deb Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2004
P.G. Agarwal, J.1. The above mentioned criminal appeals have arisen out of the judgment and order dated 24.7.1995 passed by the learned Special Judge, Cachar, Silchar in Special Case No. 14/90, whereby vide order dated 24.7.1995 the accused appellants were convicted of the offence under Section 7(a)(ii) of the Essential Commodities Act and sentenced to R.I. for 3 years with fine of Rs. 1000, in default to suffer simple imprisonment for another 2 months. The three convicted accused appellants have filed three different appeals and they are now being disposed of by this common judgment.2. Accused Gitesh Ranjan Deb, appellant in Criminal Appeal No. 136/ 95, was the Chairman of the Borjalinga G.P. Level Co-operative Society. Shri Kanan Kumar Bardhan, appellant in Criminal Appeal No. 140/95 was the Secretary of the said Society and the other appellant Sri Fula Singh has been arrayed as the in-charge Secretary, who served the Society for some time. The prosecution allegation is that during ...
S. Nalaya Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2004
I.A. Ansari, J.1. This is an unfortunate case of murder of a teen-aged boy, K. Chandra Rao, for his refusal to part with a VCP, which the deceased had borrowed from one Rup Kamal Gogoi. 2. This appeal is directed against the judgment and order, dated 7.5.1997, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 99(T)/94, convicting the accused-appellant under Sections 302 and 201 of the IPC and sentencing him, for his conviction under Section 302 IPC, to suffer imprisonment for life and pay a fine of Rs. 5000 and, in default, suffer rigorous imprisonment for a further period of two years and to undergo, for his conviction under Section 201 IPC, rigorous imprisonment for two years and pay a fine of Rs. 1000 and, in default, suffer imprisonment for a further period of 6 months, both the sentences having been directed to run concurrently.3. The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows :-On 5.9.1994, at about 4.30 P...
Nandeswar Das Vs. State of Assam
Court: Guwahati
Decided on: Feb-04-2004
A.H. Saikia, J. 1. Heard Mr. B.K. Bhattacharjee, learned counsel for the appellant. Also heard Mr. P.C. Gayan, learned P. P. Assam. 2. The appellant herein was convicted under Section 304, Part I, IPC by the learned Sessions Judge in Sessions Case No. 50(N-2) 93 by his judgment and order dated 14.9.95 and accordingly sentenced to undergo RI for six years and to pay a fine of Rs. 1000 in default further imprisonment for 15 days. 3. Challenging such conviction and sentence of the appellant, Mr. Bhattacharjee, learned counsel for the appellant has forcefully argued that at the time of the commission of the offence appellant was a person of unsound mind and that aspect of the mental position of the appellant was not considered by the trial court as required under Section 329 Cr.P.C. and accordingly he has raised two questions before this court to be answered in this appeal : (i) Whether at the time of occurrence of the offence, the appellant was by reason of unsoundness of mind incapab...
Ayatun Nessa Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-04-2004
Ranjan Gogoi, J.1. An interesting if not innovative question has arisen for decision in the present case in the following facts.2. The husband of the writ petitioner who was a Constable in the Assam Police retired on medical ground on 17.2.1958 and thereafter, lived together as the husband and wife till he died on 25.1.2000. After retirement on medical ground in the year 1957, the petitioner's husband received his pension and after his death on 25.1.2000, a claim for family pension having been raised by the wife, the same was answered against her by the officer of the Accountant-General. The aforesaid refusal to grant family pension is embodied in the communications dated 9.10.2001 and 9.1.2002. The ground of such refusal appears to be that as the validity of a marriage after retirement of an incumbent for purposes of family pension had been recognized by the amendment to the Assam Services (Pension) Rules, 1969 made with effect from 18.1.1995, the petitioner would not be entitled to ...
Umesh Chandra Baishya Vs. United India Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Feb-03-2004
Ranjan Gogoi, J.1. Aggrieved by what the writ petitioner contends to be an unjustified and arbitrary action of the Respondents Insurance Company in denying promotion to the petitioner from the post of Development Officer Grade-I to the cadre of Assistant Administrative Officer, the instant recourse to the writ remedy has been made in the following facts :2. Sometime in the year 1992, a process of promotion to the cadre of Assistant Administrative Officer in the Respondent Insurance Company was undertaken. Promotions were required to be made by following the set norms and parameters and thereafter a select list equal to the number of vacancies available was required to be prepared. A contingent/ waiting list to the extent of 20% of the vacancies available was also required to be prepared in terms of Clauses 13 and 14 of the Office Memorandum laying down the norms governing such promotion, a copy of which is enclosed as Annexure-D to the writ application. The list prepared by the promot...
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