Guwahati Court September 2007 Judgments

Mujibur Rahman Vs. State of Assam

Court: Guwahati

A.P. Subba, J.1. This appeal is directed against the Judgment and Order dated 10.5.2004, passed by the learned Sessions Judge, Morigaon, in Sessions case No. 45/2003, convicting the appellant under Section 304 IPC and sentencing him to undergo rigorous imprisonment for 8 (eight) years and a fine of Rs. 1,000/- in default to undergo further rigorous imprisonment for 2 (two) months.2. The prosecution case, in a nutshell, is as follows:On 28.2.2002, at about 2.00 p.m., the appellant and his wife trespassed into the fishing pond of the informant and started fishing with a fishing net. The deceased who was the mother of the informant on seeing the appellant and his wife fishing in the said pond came there to resist them. On such resistance being put up by the deceased a quarrel ensued in the course of which the appellant fetched an axe for his nearby residence and delivered a blow with his axe on the head of the deceased causing a grievous injury. On an ejahar being lodged by the informant...

Gedu Miah Vs. State of Tripura

Court: Guwahati

A.B. Pal, J.1. The challenge in this appeal is to the conviction of the appellant herein under Section 307 and 148 Indian Penal Code (for short, IPC) and sentence of rigorous imprisonment for seven years and six months respectively with a fine of Rs. 5000/- in the judgment dated 11.7.2001 by a learned Additional Session Judge, North Tripura, Kamalpur in Sessions Trial Case No. S.T. 8 (NT/KMP) 2000.2. On 12.5.1999, in the mid-night, some villagers were guarding their village to check commission of offences like dacoity and burglary by miscreants. The persons guarding the village were Sri Bimal Ghashi (P.W.-2), Dwijendra Das (P.W.-3) and Babul Das (P.W.-4). At about I am they noticed a group of persons coming towards their village. With the light of torch they could identify only one of them, Gedu Miali, the appellant herein. He was known to them from before, being a resident of the adjacent village. He is a fisherman and used to visit the village often. The witnesses aforementioned cou...

State of Assam Vs. Rajib Bardoloi

Court: Guwahati

Aftab H. Saikia, J.1. Heard Mr. B.B. Gogoi, learned Public Prosecutor appearing for the petitioner, the State of Assam. None appears for the opposite party.This petition has been filed under Section 439(2) read with Section 401 Cr.P.C. by the State challenging the order dated 27.6.03 passed by this Court in B.A. No. 1653/03 granting anticipatory bail to the respondent in connection with Majuli Police Case No. 32/2003 under Section 409 IPC.2. As regards cancellation of bail, the Apex Court held as under:In a case of Bhagirathsingh Judeja v. State of Gujrat reported in : 1984CriLJ160 , the Apex Court clearly observed that for cancellation of bail there must be a very cogent and overwhelming circumstances which were required to be placed on record by the person seeking such cancellation of bail.3. In paragraph-5 and 6 of Bhagirathsingh Judeja's case (supra) it was held as under:5...But even where a prima facie case is established, the approach of the court in the matter of bail is not th...

Shri Kamal Krishna Das Vs. State of Assam and ors.

Court: Guwahati

Reported in: [2007(115)FLR868]

B.K. Sharma, J.1. The petitioner is aggrieved by forfeiture of his seniority in the division in which he is presently working as Lower Division Assistant (LDA). Same was done while transferring him from one division to another on the ground that the petitioner made request for his transfer to the present division.2. Shortly stated, the facts leading to filing of the instant writ petition are that the petitioner was initially appointed as LDA in the office of the Executive Engineer, Goalpara Investigation Division by order dated 4.5.1978. The petitioner joined the service on 9.5.1978.3. After continuing at Goalpara he was transferred to Gosaigaon Investigation Division by order dated 9.11.1981. His transfer from Goalpara to Gosaigaon Division was in public interest. After remaining at Gosaigaon Division, the petitioner joined the Brahmaputra Board, Guwahati on being sent on deputation. His such joining at the Brahmaputra Board on deputation was w.e.f. 1.1.1989 and he remained there upto...

Lepa Gayari Vs. State of Assam

Court: Guwahati

Aftab H. Saikia, J.1. Heard Mr. A.D. Choudhury, learned Amicus Curiae and Mr. P.C. Gayan, learned P.P, Assam.2. An FIR was lodged by P.W.-1 the father of the victim girl on 28.6.2004 with the Dimakuchi Police Out post under Paneri Police Station alleging that his daughter aged about 15 years while coming along with her 6 years old younger sister at about 12 noon to enquire about midday meal from their mother, who was working in the garden, the appellant forcibly caught her and raped her in the Garden No. 5 as a result of which her vagina was bleeding and she was recovered almost in unconscious state.3. Having registered a case on the basis of the FIR, the police started investigation and on completion of the same submitted charge sheet against the appellant under Section 376 IPC.4. During trial before the learned Sessions Judge, Darrang at Mangaldoi, the prosecution examined as many as 10 witnesses including the Doctor P.W-6 and the Investigating Officer (for short, 'the I.O') P.W. 10...

Abdul Selim Vs. State of Tripura and ors.

Court: Guwahati

H.N. Sarma, J.1. Challenging the legality and validity of the order passed by the respondent/authorities dated 30.5.2000 restricting the pay and allowances of the petitioner to the subsistence allowance paid to him for the period from 13.3.87 to 12.9.88 and directing to regularize the period between the dismissal from service and reinstatement with effect from 7.7.95 to 3.10.97 by granting admissible leave and also praying for direction to the respondents for consideration of his case for promotion to the next higher rank, the present petition has been filed by the petitioner.2. I have heard Mr. P. Roy Barman, learned Counsel for the petitioner and Mr. Sarkar, learned Standing counsel for the Corporation.3. The brief facts necessary for disposal of the writ petition are as follows:4. The petitioner was appointed as Sales Asstt. Under the Director of Handloom and Handicraft Development Corporation Ltd., Respondent No. 2, a Public Sector Organization in the State of Tripura on 27.06.81....

Sujit Bardhan Vs. State of Tripura

Court: Guwahati

R.B. Misra, J.1. This appeal under Section 374(2) Cr.P.C. has been filed against the judgment, dated 17.11.2001, passed by the learned Additional Sessions Judge, Khowai, West Tripura, in case No. ST 25 (WT/K)/2001, convicting the appellant under Section 302 IPC and sentencing him to suffer R.I. for life and also to pay a fine of Rs. 5,000/-, in default to suffer further R.I. for 3 months.2. Heard Mr. P.K. Biswas, learned Counsel along with Mr. P. Majumder, learned Counsel appearing for the appellant and Mr. D. Sarkar, learned P.P. appearing for the State respondent.3. The prosecution story, in brief, as stated before the trial Court, is that the accused/appellant, Sujit Bardhan, borrowed a sum of Rs. 10,000/- from the Babul Gope (since deceased), but did not refund the same, and as and when Babul Gope demanded the said amount, he was assaulted by the accused Sujit Bardhan.4. On 12.2.1999, in the morning, at about 10.30 a.m., when Babul Gope came to the shop of Niloy Banik for work, t...

Ganesh Gogoi Vs. State of Assam

Court: Guwahati

Aftab H. Saikia, J.1. Heard Mr. D. Talukdar, learned Counsel for the appellant. Also heard Mr. P.C. Gayan, learned P.P. Assam.2. The conviction of the appellant under Section 302 IPC and the resultant sentence to rigorous imprisonment for life with a fine of Rs. 2000/-, in default to payment of fine, further rigorous imprisonment for two months so handed down by the Additional Sessions Judge (Adhoc) at Jorhat in Sessions Case No. 93 (J-J)/03 by the judgment and order dated 7.2.2006, has been assailed in this criminal appeal.3. The fact in brief as projected by the prosecution is that on 30.9.2001 at about 11.30 a.m. while the complainant's father Bhogeswar Baruah (since deceased and hereinafter referred to as 'the deceased') was returning home after attending a function in the village, the accused Ganesh Gogoi and his sons Mon Gogoi and Devojit Gogoi dragged Bhogeswar Baruah to their house and tied him with a rope. Thereafter, the accused persons inflicted lathi blows on him for which...

Haren Ch. Sharma Vs. State of Assam

Court: Guwahati

I.A. Ansari, J.1. In this revision stands challenged the judgment and order, dated 16.08.2007, passed by the learned Sessions Judge, Sonitpur, Tezpur, in Criminal Appeal No. 42(S-4)/ 2006, whereby the learned Sessions Judge, Sonitpur, has upheld the judgment and order, dated 15.11.2006, passed, in GR Case No. 231/2002, by the learned Sub-Divisional Judicial Magistrate, (M), Biswanath Chariali, convicting the accused-petitioner under Section 498A IPC and sentencing him to suffer rigorous imprisonment for three years and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for a further period of six months.2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:(i) Smti MS is a legally wedded wife of the accused-petitioner, their marriage having been solemnized, on 03.07.97, according to Hindu rites and customs. After her marriage, MS stayed with the accused as her husband at his house situated in village Balijan, Bil...

Ratan Gupta and anr. Vs. United Bank of India and ors.

Court: Guwahati

B.K. Sharma, J.1. By means of this writ petition filed in 2004, the petitioners have made a challenge to the order dated 9.7.1998 passed in O.A. No. 13/1997 by the Debts Recovery Tribunal, Guwahati (hereinafter referred, to as 'the Tribunal').2. According to the petitioners, the impugned order dated 9.7.1998 has been passed ex-parte. While the petitioner No. 2 is a Company registered under the Indian Companies Act, 1956, the petitioner No. 1 is one of its Directors. They are aggrieved by the proceeding in O.A. No. 13/1997 initiated and completed by the Tribunal by the impugned order dated 9.7.1998.3. The occasion for the petitioners to file the instant writ petition on 3.2.2004 arose when the petitioners came to know about the legal notice published in the issue of the newspaper called 'Daily Telegraph' dated 18.11.2003. The specific averment made in Para-5 of the writ petition is that with the publication of the notice, the petitioners came to know that a debt recovery proceeding was...