Guwahati Court February 2011 Judgments
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Kanailal Gowala Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-14-2011
.1..The appellant is aggrieved by his conviction and .sentence by an order dated 13-6-2005 passed by the Ad hoc .Addl. District & Sessions Judge, Nagaon in Sessions Case .No.276 (N) /02..2..The appeal throws up some rather disturbing facts .which we will soon advert to..3..The investigation in the case began with a First .Information Report (FIR) lodged by Thanuram Mahali, .Manager of Burrapahar Tea Estate on 25-6-2001. As per the .FIR, he informed the In-charge of Duwar Bagori Police Out .Post that he had received information from the workers of .the Tea Estate that the appellant had murdered his wife .Indira Guwalla while she was working in the garden at .about 12 noon..4..As a result of the investigation into the alleged .crime, a charge sheet was filed and the Ad hoc Addl. .District and Sessions Judge accused the appellant of .having murdered his wife Indira Guwalla on 25-6-2001 at .about 12 noon and thereby having committed an offence .punishable under Section 302 of the IPC. On 2...
Sri Diganta Das Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-14-2011
1.The appellant, being aggrieved by the Judgment dated 8-9-05, passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 83(M)/2004, convicting him under Section 302 IPC and sentencing him to undergo imprisonment for life and also to pay fine of Rs. 1000/- in default of payment, Rigorous Imprisonment for one month, has filed the present appeal.2.Heard Mrs. Anupama Devi, learned Amicus Curiae for the appellant as well as Mr. D. Das, learned Addl. Public Prosecutor for the State.3.The prosecution case as projected by the record is that on 4-2-04, in the morning at about 6:30 AM, the accused (appellant herein) killed his mother by slaughtering her neck with a knife while living in a joint dwelling house situated at Stationpara, Digboi and the severed head was thrown in the nearby pond. The brother and sister-in-law of the accused who were also living in a separate room of the said dwelling house witnessed the crime and they informed about the incident to the Police Station. Afte...
Kanailal Gowala Vs. State of Assam
Court: Guwahati
Decided on: Feb-14-2011
MADAN B. LOKUR, CJ (1.) The appellant is aggrieved by his conviction and sentence by an order dated 13-6-2005 passed by the Ad hoc Addl. District and Sessions Judge, Nagaon in Sessions Case No.276 (N) /02. (2.) The appeal throws up some rather disturbing facts which we will soon advert to. (3.) The investigation in the case began with a First Information Report (FIR) lodged by Thanuram Mahali, Manager of Burrapahar Tea Estate on 25-6-2001. As per the FIR, he informed the In-charge of Duwar Bagori Police Out Post that he had received information from the workers of the Tea Estate that the appellant had murdered his wife Indira Guwalla while she was working in the garden at about 12 noon. (4.) As a result of the investigation into the alleged crime, a charge sheet was filed and the Ad hoc Addl. District and Sessions Judge accused the appellant of having murdered his wife Indira Guwalla on 25-6-2001 at about 12 noon and thereby having committed an offence punishable under Section 302 of t...
Abdul Latif Vs. State of Assam
Court: Guwahati
Decided on: Feb-14-2011
MADAN B. LOKUR, CJ (1.) This is rather an unfortunate case where the learned Sessions Judge has completely misdirected himself in law, forgetting some very basic principles. (2.) The appeal is directed against the judgment and sentence dated 14-7-2005 passed by the learned Sessions Judge, Morigaon in Sessions Case No.78/2004. (3.) Before we go to the merits of the case, we may note that the prosecution evidence in this case was closed on 5-7-2005. The judgment under appeal shows that arguments were heard on the same date, that is, 5-7-2005. Judgment was delivered on 14-7-2005, that is, after about 8/9 days (4.) On 14-7-2005, apparently after the judgment was delivered, the appellant was asked to enter his defence under Section 233(1) of the CrPC. He was asked the following question:- Qtns. You are found guilty for committing murder of your own wife Musstt. Sahera Khatun. Will you adduce any evidence for your defence? Ans. - I have no evidence to adduce for my defence. (5.) It is basic ...
Suren Praja Vs. State of Assam
Court: Guwahati
Decided on: Feb-14-2011
(1.) The appellant is aggrieved by his conviction and sentence dated 23.11.2004 passed by the learned Addl. Sessions Judge, Adhoc, (Fast Track Court), Biswanath Chariali, District Sonitpur in Sessions Case No.54 of 2003. (2.) A First Information Report was filed by Lokhia Chowra on 3.1.2000 to the effect that on 2.1.2000 at about 6 p.m the appellant grievously wounded his elder brother (Kandra Chowra) by dealing cut blows in his head and neck with a dao inside his (Kandra Chowra's) own house and fled away. Kundra Chowra was taken to Gingia Hospital for treatment and later on to Monabari Hospital, but he died in the morning of 3.1.2000. (3.) After completion of the investigations and committal proceedings, the appellant was charged with having committed house trespass by trespassing inside the house premises of Kandra Chowra in order to commit the offence of murder and that he intentionally inflicted cut blows into the head and neck of Kandra Chowra, as a result of which he died on 3.1....
Asham Borang Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Feb-11-2011
(1.) Heard Mr. M. Pertin, learned counsel for the petitioner. Also heard Mr. R. H. Nabam, learned Senior Government Advocate for all the respondents. (2.) At the very outset, it is submitted by Mr. Nabam, learned Senior Government Advocate that inspite of several correspondences made by his office, he did not receive any instructions from the concerned authorities, particularly, respondent No. 3 viz. Principal Chief Conservator of Forests and Principal Secretary(Environment and Forests), Government of Arunachal Pradesh, and as a result, no response could be filed in this matter, till date. (3.) The facts leading to claim of financial benefits by the writ petitioner may be stated hereunder for better appreciation. On recommendation of 5th CPC, the Government of India notified the Central Civil Service Revised Pay Rules, namely, CCS(Revised Pay) Rules, 1997, w.e.f. 01.01.1996. The Government of Arunachal Pradesh adopted the same in toto w.e.f. 01.01.1996 by issuing O.M. dated 09.10.1997....
Mrs. Nilakshi Mili Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-10-2011
1..I have heard Mr. TH Hazarika, learned counsel for the petitioner, and Mr. MK Mishra, learned Standing counsel, Education Department, for respondent Nos. 1 to 3. I have also heard Mr. SK Talukdar, learned counsel appearing on behalf of the respondent No. 7. None has appeared on behalf of the respondent Nos. 4, 5 and 6.2..Pursuant to an advertisement, published, on 01-06-2005, by respondent No. 5, namely, President, Dergaon Kamal Dowerah College, Dergaon, Golaghat, inviting applications for filling up a post, amongst others, of Lecturer in the subject of Sanskrit, the petitioner, respondent No. 7 herein and 11 others applied for selection and appointment. The advertisement had made it clear that a candidate must have passed National Level Eligibility Test (NET) or State Level Eligibility Test (SLET) and must also have UGC norms with good academic career. In the interview held on 10-11-2009, only two candidates, namely, the petitioner and respondent No. 7 appeared. None of them had pas...
Nilakshi Mili Vs. State of Assam
Court: Guwahati
Decided on: Feb-10-2011
(1.) I have heard Mr. TH Hazarika, learned counsel for the petitioner, and Mr. MK Mishra, learned Standing counsel, Education Department, for respondent Nos. 1 to 3. I have also heard Mr. SK Talukdar, learned counsel appearing on behalf of the respondent No. 7. None has appeared on behalf of the respondent Nos. 4, 5 and 6. (2.) Pursuant to an advertisement, published, on 01-06-2005, by respondent No. 5, namely, President, Dergaon Kamal Dowerah College, Dergaon, Golaghat, inviting applications for filling up a post, amongst others, of Lecturer in the subject of Sanskrit, the petitioner, respondent No. 7 herein and 11 others applied for selection and appointment. The advertisement had made it clear that a candidate must have passed National Level Eligibility Test (NET) or State Level Eligibility Test (SLET) and must also have UGC norms with good academic career. In the interview held on 10-11-2009, only two candidates, namely, the petitioner and respondent No. 7 appeared. None of them ha...
Md. MuslemuddIn Vs. State of Assam.
Court: Guwahati
Decided on: Feb-04-2011
1..This jail appeal is directed against the judgment dated 18.05.05 passed by the learned Sessions Judge, Morigoan in Sessions Case No. 23 of 2005 corresponding to G.R.Case No. 789 of 2002 whereby the appellant was convicted under Section 302 IPC and sentenced to suffer Rigorous imprisonment for life with a fine of Rs. 10,000/-,in default to suffer Rigorous imprisonment for another 5 years.2..The appellant is accused of committing patricide. The appellant's younger brother Md. Abu Hanif had lodged the ejahar before the Officer In-charge, Morigoan Police Station on 20.12.2002 stating that at around 8 P.M. the accused had stabbed his father Hafizuddin to death inside the house with a dagger and that he had died on the spot. The said information was received at the Police Station at 4 P.M. of that day. Accordingly, Moirabari P.S. Case No. 64 of 2002 under Section 448/302 IPC was registered.3..The local people with family members produced the appellant at about 4 P.M. at the Police Station...
Chatur Singh Thapa Vs. Union of India
Court: Guwahati
Decided on: Feb-04-2011
(1.) In this writ petition, the petitioner is aggrieved by his non- promotion to the rank of Subedar Major/GD in Assam Rifles and of his supersession by the respondent No. 5, who is junior to him. The factual matrix is not really in dispute. He was initially enrolled as a recruit in the Assam Rifles on 7-2-1973, was promoted to the rank of Lance Naik (GD) on 24-2-1979 and was further promoted to the rank of Naik/GD on 1-12-1980. He was again promoted to the rank of Havildar/GD on 21-10-1983, was then promoted to Naib Subedar (GD) on 1-11-1989 and was further promoted to the rank of Subedar (GD) on 1-10-1996. On 31-10-2009, the vacancy for the post of Subedar Major arose following the retirement on superannuation of Subedar Major, Shri K.M. Gurung. As a senior-most Subedar, he was allowed to officiate in the post of Subedar Major with effect from 1-11-2009. In the meantime, the process for promoting him to the post of Subedar Major got started: he was strongly recommended by his Command...
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