Guwahati Court May 2008 Judgments
Kanu Mia and Etc. Vs. State of Tripura
Court: Guwahati
Decided on: May-30-2008
B.K. Singh, J.1. These 3(three) appeals are directed against the Judgment dated 15-10-2001 passed by the learned Additional Sessions Judge, West Tripura, Agartala, in Session Trial No. 101 (WT/A)/1998, convicting and sentencing the appellants to suffer ten years' rigorous imprisonment with a fine of Rs. 5,000/- each, in default of payment, to suffer simple imprisonment for three months under Section 366 read with Section 34 of the Indian Penal Code. By the impugned judgment, the appellant, namely, Suku Ran] an Sarkar was also convicted and sentenced to suffer seven years' rigorous imprisonment with a fine of Rs. 5,000/-, in default of payment, to suffer three months simple imprisonment under Section 376 of the Indian Penal Code and both the sentences are to run concurrently. All these appeals are taken up for disposal by this common judgment as same questions of law are involved in these appeals.2. Facts giving rise to these appeals are that the informant lodged a written report on 20...
Tag this Judgment!Abdul Matlib and anr. Vs. State of Tripura
Court: Guwahati
Decided on: May-30-2008
Mutum B.K. Singh, J.1. This appeal is directed against the judgment dated 28.9.2001 passed in ST. No. 70(NT/D) of 2000 by the learned Additional Sessions Judge, North Tripura, Dharmanagar, convicting and sentencing the appellants to suffer life imprisonment and to pay a fine of Rs. 5,000/ each under Section 302, IPC, in default of payment to suffer two years mce imprisonment and also to suffer imprisonment for a period of seven years with a fine of Rs. 5,000/- each under Section 326, IPC, in default of payment of fine to suffer two years more imprisonment.2. That, facts, leading to this appeal, are that on 3.4.1998 at about 10.35 a.m., one Md. Alauddin, lodged a written report with the Officer-in-Charge, Dharmanagar Police Station alleging that on 2.4.1998 at about 10.30 p.m, the appellant No. 1 's vehicle had broken the bamboo fencing of the informant, for which a village meeting along with the Panchayat members and other influential persons was held on 3.4.1998 at his house at about...
Tag this Judgment!Rakhi Phukan @ Deep Gogoi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-30-2008
Aftab H. Saikia, J.1. Heard Mr. P.C. Dey, learned Counsel appearing on behalf of the petitioner and Mr. H. Rahman, Assistant Solicitor General of India (for short, 'ASGI') representing the Union of India as well as Mr. P.S. Deka, learned State counsel representing the Respondents Nos. 2 to 6.2. The challenge to the order dated 16.10.07 issued by the District Magistrate, Kamrup (Metropolitan) District, Guwahati, detaining the detenu/petitioner under Section 3(2) of the National Security Act, 1980 (in short, 'the Act') and the subsequent order dated 16.11.07 confirming such detention of the petitioner, has been made on the sole ground that the representations so preferred by the petitioner, admittedly received by the State Government on 8.11.07, before the competent authorities i.e., the State Government as well as Central Government have been disposed of/rejected on 22.11.07 and 6.12.07 by the competent authorities causing -an unexplained inordinate delay of 14 days and 20 days respec...
Tag this Judgment!Gokul Roy and ors. Vs. State of Tripura
Court: Guwahati
Decided on: May-30-2008
Mutum B.K. Singh, J.1. Challenge in this appeal is to the judgment dated 30.6.2007 passed by the learned Additional Sessions Judge, West Tripura, Khowai in S.T.(WT/K) No. 31 of 2007, convicting the appellants under Section 304(1) read with Section 149 of Indian Penal Code and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- each, in default thereof, to suffer rigorous imprisonment for another two years.2. That, facts culminating to this appeal, are that on 5.9.2006, one Gopal Chandra Deb (PW No. 13) lodged a report with the Officer-in-charge, Khowai Police Station informing that on 4.9.2006 at about 9.30 p.m. a quarrel took place in between his younger brother Subhas Deb and the appellant Nos. 1, 2 and 3 in front of the meat shop of the appellant No. 2, Sankar Roy, in which his brother was assaulted by the appellants with hard wooden files. Subhas Deb sustained grievous bleeding injuries and died on the spot. Acting on the said report, pol...
Tag this Judgment!Abul Khayer and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-30-2008
U.B. Saha, J.1. One Shri Abul Khayer and his minor daughters and sons preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') read with Article 227 of the Constitution of India assailing the judgment and order dated 15-3-2001 passed by the learned Member, Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal'), West Tripura, Agartala in T.S. (MAC) 101 of 1999 whereby and where-under the learned Tribunal dismissed the claim petition filed by the appellants herein under Section 166 of the Act of 1988 claiming compensation for the death of wife of the claimant-appellant No. 1 and mother of the claimant-appellant Nos. 2 to 5 in a motor accident.2. Heard Mr. S. Saha, learned Counsel for the claimant-appellants. Also heard Mr. A. Lodh as well as Mr. S. Lodh, learned Counsel for the respondents.3. The facts required for disposal of this appeal are:On 19th July 1998 at about 11.30 hrs. while the deceased Fulchan...
Tag this Judgment!L. Mangia Vs. K. Panmei and ors.
Court: Guwahati
Decided on: May-29-2008
T. Nandakumar Singh, J.1. The challenge in the present writ appeal is to the judgment and order of the learned Single Judge dated 27.09.06 passed in WP (C) No. 514/04 filed by the Principal-Respondents (Writ Petitioners), wherein and whereunder the learned Single Judge quashed the final seniority list dated 15.01.2000, as on 15.01.2000, of the Assistant Directors of the Directorate for Development of Tribals and Scheduled Castes only on the sole ground that it was issued in violation of the principles of natural justice.2. Heard Mr. Kh. Tarunkumar, Singh, learned Counsel appearing for the appellant, Mr. R.K. Nokulsana, learned Senior counsel assisted by Mr. R.K. Milan appearing for the Principal-respondents (writ petitioners) and also Mr. R.S. Reisang, learned Govt. Advocate appearing for the Proforma-respondents.3. The core questions to be answered in the present writ appeal are: (1) Whether the principles of natural justice would be only 'useless formality' in the facts and circumst...
Tag this Judgment!Anser Ali Vs. State of Assam
Court: Guwahati
Decided on: May-29-2008
H. Baruah, J.1. Challenging the legality and correctness of the judgment and order of conviction dated 17.11.2005 passed by learned Sessions Judge, Morigaon in Sessions Case No. 75 of 2005 corresponding G.R. Case No. 348 of 2005, the appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure by which the appellant was convicted under Section 304B, IPC and sentenced to undergo RI for ten years with fine of Rs. 5,000/- in default RI for two years.2. Mr. A. Ahmed, learned Counsel for the appellant and Mr. B.S. Sinha, learned Addl. P.P. for the State of Assam were heard at length.3. Brief facts necessary for the purpose of appeal are as follows:Deceased Sabjan Begum, daughter of Abdul Khalek (PW 1) was given marriage with appellant Md. Anser All of Village Dandua Majgaon, P.S. - Morigaon, District - Morigaon. During subsistence of the marriage, on 9.5.2005 at about 10p.m. deceased Sabjan Begum received burn injuries on her person allegedly set on fire by the a...
Tag this Judgment!Gurumayum Rajatkanta Sharma @ Promise @ German Vs. District Magistrate ...
Court: Guwahati
Decided on: May-29-2008
B.D. Agarwal, J.1. The writ petitioner was initially arrested on 02.08.2007 in connection with Tengnoupal Police Station Case No. 14(8)2007. While the petitioner was still in police custody, he was shown arrested in connection with Singjamei P.S. Case No. 135(5) of 2007 Under Section 326/34 of the Indian Penal Code read with Section 25(1-B) of Arms Act read with Section 20 of the Unlawful Activities (Prevention) Act, 1947. While the petitioner was still in police custody, he was brought under provisions of National Security Act, 1980 vide order No. CRIL/NSA/No. 39 of 2007 dated 14.08.2007 issued by the District Magistrate, Imphal West, Manipur. This order is under challenge in the present writ petition, which has been filed by the detenu himself under Article 226 of the Constitution of India.2. We have heard Shri Kh. Mani, learned Counsel for the petitioner and Shri R.S. Reisang, learned Addl. Govt. Advocate for the respondents No. 1 and 2 as well as Shri C. Kamal, learned Assistant S...
Tag this Judgment!Pulakesh Baruah and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-28-2008
I.A. Ansari, J.1. Heard Mr. B.K. Bhattacharjee, learned Counsel for the petitioners, and Mr. B.J. Talukdar, learned Government Advocate, appearing on behalf of the respondent No. 1. Heard also Mr. T.C. Chutia, learned Standing counsel, APSC, appearing on behalf of the respondent Commission.2. By an advertisement, dated 10.07.2007, applications for filling up of six posts of District Sports Officers were invited by the respondent No. 2, namely, Assam Public Service Commission. The present petitioners, amongst the others, applied for selection and appointment to the said posts. On completion of the selection process, a select list was published by the respondent No. 3 on 28.05.2008. The select list shows that all the six posts were filed up by the candidates from reserved category, though the advertisement clearly stated that two posts were reserved for the candidates of Scheduled Caste and one post for the candidates of Scheduled Tribe (Hills) meaning thereby that the remaining three p...
Tag this Judgment!Tilok Panika and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-28-2008
Aftab H. Saikia, J.1. Heard Mr. M. Nath, learned amicus curiae appearing for the appellants and Mr. Z. Kamar, the learned P.P., Assam.2. This criminal appeal from jail is directed against the judgment and order dated 21.1.2002 rendered by the learned Sessions Judge, Sibsagar in Sessions Case No. 166 (S-C)/2000 on being committed by the learned Judicial Magistrate 1st Class, Charaideo, Sonari in GR. Case No. 70/2000, dated 22.11.2000 whereby the appellants were found to be guilty for the cause of death of the victim minor girl of the accomplice appellant No. 2 and accordingly they were convicted under Sections 302/201, IPC and sentenced accordingly to undergo rigorous (R.I.) imprisonment for life with a fine of Rs. 1,000/ - each under Section 302, EPC and also R.I. for 3 years with a fine of Rs. 520/- each under Section 201, IPC.3. A spine-chilling story in real life was depicted in this criminal appeal as unfolded by the prosecution wherein two appellants namely Shri Tilok Panika and ...
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