Guwahati Court August 2007 Judgments
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Noor Islam Vs. State of Assam
Court: Guwahati
Decided on: Aug-10-2007
H.N. Sarma, J.1. The impugned conviction and sentence imposed upon the accused appellant by the learned Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 143 (DM)/04 convicting the appellant Under Section 302 and sentencing him to under go Rigorous Imprisonment for life and to pay fine of Rs. 5,000/- in default to undergo further Rigorous Imprisonment for six months, is the subject matter of challenge in this appeal.2. We have heard Ms. B. Devi, learned Amicus Curiae appointed for the accused/appellant and Mr. P.C. Gayan, learned PP, Assam.3. The criminal proceeding was set into motion against the appellant on lodging an FIR (Ex-3) by one Amizuddin Mandal on 20.3.03 alleging that around 3.30 P.M. the accused Md. Nur Islam @ Keru resident of Gelaidingi confined his wife Miss Isiran Nessa in his house by closing the doors and killed her by hacking with dao and fled away.4. On the basis of said information lodged with the O.C. Mangaldoi Police Station, a case was registered as Ma...
Md. Isub Ali Vs. State of Tripura
Court: Guwahati
Decided on: Aug-09-2007
U.B. Saha, J.1. Md. Isub Ali, who is an old man in his late sixty's the appellant herein, his wife Esha Bibi and their minor son namely, Nayan Miah being found guilty of murder of Negjan Bibi, the wife and son were convicted for the offence punishable under Section 352, IPC read with Section 34, IPC and Md. Isub Ali was convicted under Section 304, Part II, IPC read with Sections 352 and Section 34, IPC. The wife and son of Isub Ali were released for good conduct in exercise of power conferred upon the Trial Court under Section 3 of the Probation of Offenders Act (for short offenders' Act) after admonition, keeping in mind the fact that the son was under age of 18 years and wife being a woman and the said offence committed by them on the heat of passion. But Md. Isub Ali was not released under the provisions of offenders Act though he prayed for and he was sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 5000/- and in default to suffer further R.I. for one year. It was al...
Protul Pathak and anr. Vs. State of Assam
Court: Guwahati
Decided on: Aug-09-2007
B.D. Agarwal, J.1. The appellant No. 1, Shri Protul Pathak has been convicted under Section 307 of the Indian Penal Code vide judgment and order dated 31.03.1998 passed by the learned Session Judge, North Lakhimpur (Assam) in Sessions Case No. 28 (NL) of 1997. By the same judgment, the appellant No. 2, Kumud Bora, has also been convicted under Section 448 of the Indian Penal Code. Being aggrieved with this judgment and convictions, both the convicts have preferred this common appeal. It may be mentioned here that once the appeal was disposed of by this Court vide judgment and order dated 01.03.2006, confirming the convictions. Against that order, the appellant No. 1 preferred criminal appeal being C.A. No. 685 of 2007 before the Hon'ble Supreme Court of India. While disposing of the appeal on 04.5.2007, the Hon'ble Supreme Court has remitted back the appeal for rehearing on the ground that on earlier occasion the appellant was not represented by any lawyer. This is how this judgment.2...
Samir Ghosh Vs. State of Tripura
Court: Guwahati
Decided on: Aug-08-2007
A.B. Pal, J.1. The appellant was charged with committing rape on a minor girl of eight years, but found at the end of the trial guilty of attempting to commit the said offence. Aggrieved by his conviction and sentenced under Section 342/376/511 of the Indian Penal Code (for short IPC) to suffer rigorous imprisonment of five years and six months with a fine of Rs. 2000/-, by the learned Additional Sessions Judge, West Tripura, Agartala in the judgment dated 27-6-2000 in ST 17 (WT/A) of 1999, the appellant has preferred this appeal.2. The prosecution version in brief is that the victim is the daughter of the informant Smt. Kajal Ghosh (P.W.1). The appellant is her close neighbour. He was aged 24 years at the time of the alleged occurrence. On 18-2-1999 Kajal Ghosh left for her place of work at 9.30 am at Arundhuti Nagar Neramac Food Processing Centre, leaving her 8 year old daughter alone in the house. She returned home at 6.30 pm in the evening and came to know from her daughter that a...
Prafulla Chandra Das Vs. State of Tripura
Court: Guwahati
Decided on: Aug-08-2007
A.B. Pal, J.1. The appellant Sri Prafulla Chandra Das was serving as L/NK in Central Reserve Police Force (for short C.R.P.F.) in the year 1998. On 20-6-1998 he was on duty in A/49 C.R.P.F. camp, at Chechua, under Ampi Nagar police station of South Tripura district. Bahadur Kohli (P.W. 1 was then the camp Commandant. A health camp was organized by the CRPF, Chechua, with the medical officer (P.W. 9) providing treatment to the patients right from 7.30 a. m. The prosecution version is that at 1.30 pm when the camp commandant (P.W. 1) and the Doctor (P.W. 9) were proceeding for taking lunch inside the camp, the appellant suddenly confronted the camp commandant and entered into an altercation. He was instantly over-powered by two persons. But sometime after, the appellant allegedly opened fire indiscriminately though none was injured. He fired 15 rounds from his service rifle S.L.R. 7.62 mm. again he was over-powered and later handed over to the Ampi police Station with an FIR against him...
Hiteswar Chetia Vs. State of Assam
Court: Guwahati
Decided on: Aug-08-2007
Aftab H. Saikia, J.1. The appointed Amicus Curiae Ms. S. Sarma is not present when this Cri. Appeal has been taken up for hearing.2. In view of the above, Ms. S. Choudhury has been appointed as Amicus Curiae to represent the appellant in jail.3. Heard Miss. S. Choudhury learned Amicus Curiae. Also heard Mr. B. B. Gogoi learned Public Prosecutor Assam.4. On 31 -32005 an FIR was lodged with Geleki PS by PW 1, Shri Sheemanta Gogoi alleging that his elder brother Dhaneshwar Gogoi disappeared on 27-3-2005 from Geleki Brahmin Gaon LP School premises, where he went to attend a 'Bhaona'. However on 31-3-2005 at about 9 a.m. his dead body was found lying in a ditch some 300 meter away in the backside of the School. It was suspected that someone had killed his elder brother.5. On the strength of the FIR above mentioned, Police registered a case and accordingly investigation ensued. During the investigation. PW 11, the investigation officer (I/O) found enough convincing materials against the app...
Pradip Kumar Deb Alias Uttam Deb and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Aug-08-2007
A.B. Pal, J.1. The five appellants herein have been convicted for committing rape on a minor girl and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2000/- each, in default to suffer further rigorous imprisonment for six months. While the 1st appellant-Pradip Kumar Deb has been found guilty of committing rape, an offence punishable under Section 376(1) of the Indian Penal Code (for short IPC), the other four appellants, namely, Sri Dharamjit Nath, Kantu Nath, Banamali Malakar and Amar Malakar have been guilty of committing gang rape punishable under Section 376(2)(g) of I.P.C. By this appeal they have assailed the judgment dated 16-2-2001 passed by learned Additional Sessions Judge, North Tripura, Dharmanagar in ST 32 (NT/D) of 1999 whereby they have been convicted and sentenced as aforesaid.2. The victim was only 10 years' old when she was allegedly raped in the month of July, 1997. Though during investigation and trial her name has been disclosed ig...
State of Tripura Vs. Dulal Dey
Court: Guwahati
Decided on: Aug-08-2007
U.B. Saha, J.1. The State appellant, questioning the legality of the judgment and order dated 9-5-2000 passed by the learned Addl. Sessions Judge, West Tripura in case No. ST (W.T/A) 178/97, whereby and where-under the respondent-accused was acquitted from the offence and charges levelled against him under Sections 498-A/304-B, I.P.C., prefers the present appeal Under Section 378 of Cr.P.C.2. I have heard Mr. A. Ghosh, learned Addl. PP for the State-appellant and Mr. A.C. Bhowmik, learned Counsel for the accused-respondent.3. Filtering out the unnecessary details, the prosecution story is as follows:The deceased-Milan, sister of the informant Samar Barman (P.W. 5) had fallen in love with the accused-respondent and as a result of the said love affairs they got married which was held in the month of December, 1996 without the consent of the family members of Milan. On 8/9th March, 1997 at about 1 O'clock at night the younger brother of Dulal, the accused-respondent, came to the house of...
Jayram Rabidas Vs. State of Assam
Court: Guwahati
Decided on: Aug-07-2007
B.D. Agarwal, J.1. The appellant is the husband of the deceased. He has been convicted under Section 306 of the Indian Penal Code (IPC) as well as under Section 498(A) of the IPC vide judgment and order dated 8.1.2007 passed by Shri M. Ali, the learned Sessions Judge, Hailakandi in Sessions Case No. 7 of 2006.2. While so convicting the appellant the learned Sessions Judge has awarded 5 (five) years of rigorous imprisonment and fine of Rs. 1,000/- for conviction under Section 306 IPC and 1 (one) year rigorous imprisonment with fine of Rs. 1,000/- has been awarded for conviction under Section 498(A) of the IPC, in default of payment of fine further rigorous imprisonment for 3 (three) months has been ordered on each count. Being aggrieved with the aforesaid conviction and sentence, the convict has preferred this appeal.3. I have heard Shri H.R.A. Choudhury, learned Senior Counsel for the accused/appellant. Also heard Mr. B.S. Sinha, learned Public Prosecutor appearing on behalf of the St...
John Schepler D. Shira and ors. Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Aug-07-2007
T. Vaiphei, J.1. These writ petitions for issuing a writ of habeas corpus, involving common questions of law, were heard together and are being disposed of by this common judgment. The three writ petitioners have been detained in custody by separate detention orders bearing the same date i.e. 30.3.2007 issued by the District Magistrate, West Garo Hills Tura under Section 3(1) of the Meghalaya Preventive Detention Act, 1995 as they were likely to be released on bail whereupon it was highly probable that they would continue to act in a manner prejudicial to the security of the State and the maintenance of public order or in a manner dangerous to the life and property of the citizens.2. The material facts of the case in the three writ petitions are also virtually identical. The three petitioners were arrested or shown arrested in connection with (i) Tura PS Case No. 113(11) 2006 under Section 395 based on the FIR dated 26.11.2006 which does not name them, (ii)Tura PS Case No. 21(2) 2007 ...
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