Guwahati Court August 2011 Judgments

Tulyadhar Baruah and Another Vs. the State of Assam

Court: Guwahati

Reported in: 2012CrLJ288(NOC)

(Hrishikesh Roy, J.) 1. This appeal is presented to challenge the judgment and order dated 28.1.2005 in Sessions Case No.39 (S-S)/03 rendered by the Second Additional Sessions Judge, Sivasagar, whereby the two appellants have been convicted under Section 302/34 and sentenced to life imprisonment and to pay a fine of Rs.10,000/- each; in default 5 years rigorous imprisonment. For the second conviction under Section 201/34 of the IPC, the accused were sentenced to 5 years rigorous imprisonment and fine of Rs.5,000/- each; in default 2 years rigorous imprisonment. The sentences were ordered to run concurrently. 2. In the FIR lodged at the Nitaipukhuri Police Out Post by Dilip Phukan (PW.1), it was alleged that on 9.1.2003 at about 7:30 P.M., when Anil Phukan, the elder brother of the informant entered the house of Tulyadhar Baruah for some reason, Tulyadhar Baruah and his younger brother Lakhi Baruah killed him. The incident came to light when Balin Lahan (PW.6) saw the bicycle of the inf...

Akram Ali @ Akram UddIn Vs. State of Assam

Court: Guwahati

Hrishikesh Roy, J. 1. Heard Mr. R. Goswami, learned Amicus Curiae appearing for the appellant. Mr. Z. Kamar, learned PP appears for the State. 2. This appeal is filed against the judgment and order dated 5.3.2005 in Sessions Case No.11/2004 rendered by the learned Sessions Judge, Karimganj, whereby the accused appellant is convicted under Section 302 IPC and was sentenced to imprisonment for life and fine of Rs.10,000/- and in default, to SI for 2 years. 3. The criminal process in this case was set in motion with an FIR filed by Md. Abdul Aziz, a co-villager of the accused, who stated that on 1.10.202 the informant learnt that Zulfina Bibi the wife of the accused was lying dead and seeing none from the family of the deceased had arrived in the matrimonial home of the deceased, and finding the circumstance to be suspicious, information was lodged and Karimganj PS Case No. 97/02 was registered at 1 P.M. on 2.10.2002. After completion of the investigation, the accused was charged with the...

Tulyadhar Baruah and Another Vs. the State of Assam

Court: Guwahati

(Hrishikesh Roy, J.) 1. This appeal is presented to challenge the judgment and order dated 28.1.2005 in Sessions Case No.39 (S-S)/03 rendered by the Second Additional Sessions Judge, Sivasagar, whereby the two appellants have been convicted under Section 302/34 and sentenced to life imprisonment and to pay a fine of Rs.10,000/- each; in default 5 years rigorous imprisonment. For the second conviction under Section 201/34 of the IPC, the accused were sentenced to 5 years rigorous imprisonment and fine of Rs.5,000/- each; in default 2 years rigorous imprisonment. The sentences were ordered to run concurrently. 2. In the FIR lodged at the Nitaipukhuri Police Out Post by Dilip Phukan (PW.1), it was alleged that on 9.1.2003 at about 7:30 P.M., when Anil Phukan, the elder brother of the informant entered the house of Tulyadhar Baruah for some reason, Tulyadhar Baruah and his younger brother Lakhi Baruah killed him. The incident came to light when Balin Lahan (PW.6) saw the bicycle of the inf...

M/S. K.K. Chire Vs. the State of Nagaland and Others

Court: Guwahati

1. Heard Mr. B.N. Sarma, learned senior counsel for the petitioner as well as Mr. C.T. Jamir, learned senior counsel appearing for respondent No.4 I have also heard Mrs. Y. Longkumar, learned Additional Senior Government Advocate appearing for the State respondents. 2. While issuing notice of motion on 30-6-2011, this Court had suspended the execution of the construction work in question and also provided that no payment for the work allegedly executed by the respondent No.4 to the extent of 20% shall be paid. The respondent No.4 has filed an application praying for vacation/modification/alteration of the aforesaid interim order dated 30-6-2011. 3. As agreed upon by the learned counsel for the parties, this writ application is taken up for disposal at the admission stage. 4. By this application, under Article 226 of the Constitution of India, the petitioner prays for quashing of the work orders dated 25-3-2010 and 4-4-2011 issued by the Chief Engineer, P.W.D. (R and B), Nagaland, Kohim...

The State of Assam and Others, in Re.

Court: Guwahati

CAV: AMITAVA ROY, J. 1. The instant petition has been registered suo moto on the letter dated 3.7.2011 addressed to the Hon’ble the Chief Justice of this Court by Smti. Minna Kabir, a Child Rights Activist, essentially for expediting the proceedings before the Juvenile Justice Board, Morigaon(hereafter referred to also as the “Board”) initiated on an application filed on behalf of Ramdeo Chauhan @ Rajnath Chouhan seeking his release in terms of the provisions of the Juvenile Justice ( Care and Protection of Children) Act, 2000 (for short, hereinafter referred to as the “Act”) ( as amended), read with the Juvenile Justice ( Care and Protection of Children) Rules, 2007 ( for short, hereafter referred to as the “Rules”), on a redetermination of his age in accordance with Rule 12 of the Rules. The application before the Board has been registered as petition No.3164/2010 on 22.12.2010. 2. We have heard Mr MK Das, Advocate assisted by Ms Swaraswati J...

The State of Assam and Others, in Re.

Court: Guwahati

CAV: AMITAVA ROY, J. 1. The instant petition has been registered suo moto on the letter dated 3.7.2011 addressed to the Honble the Chief Justice of this Court by Smti. Minna Kabir, a Child Rights Activist, essentially for expediting the proceedings before the Juvenile Justice Board, Morigaon(hereafter referred to also as the Board) initiated on an application filed on behalf of Ramdeo Chauhan @ Rajnath Chouhan seeking his release in terms of the provisions of the Juvenile Justice ( Care and Protection of Children) Act, 2000 (for short, hereinafter referred to as the Act) ( as amended), read with the Juvenile Justice ( Care and Protection of Children) Rules, 2007 ( for short, hereafter referred to as the Rules), on a redetermination of his age in accordance with Rule 12 of the Rules. The application before the Board has been registered as petition No.3164/2010 on 22.12.2010. 2. We have heard Mr MK Das, Advocate assisted by Ms Swaraswati Johari, Advocate representing Human Rights Law Net...

Rajendra Reang Vs. State of Tripura

Court: Guwahati

1. This appeal is directed against the judgment and order, dated 12-12-2005, passed by the learned Sessions Judge, North Tripura, Kailashahar, in Sessions Trial Case No. 66(NT/K)2005, under Sections 364 and 392 of the Indian Penal Code (hereinafter called “IPC”) read with Section 34, I.P.C., whereby and whereunder, the learned Sessions Judge convicted the appellant under Sections 364 and 392, I.P.C. read with Section 34, I.P.C. and sentenced him to suffer rigorous imprisonment for ten years and pay fine of Rs.1,000/-, in default suffer rigorous imprisonment for another period of six months, for his conviction under Section 364, I.P.C. The learned Sessions Judge also sentenced the appellant to suffer rigorous imprisonment for five years and pay fine of Rs.500/-, in default suffer rigorous imprisonment for another period of three months, for his conviction under Section 392, I.P.C. It has been directed that, both the sentences shall run concurrently. Aggrieved by the said jud...