Kolkata Court May 1919 Judgments
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Emperor Vs. Abdul Sheikh
Court: Kolkata
Decided on: May-01-1919
Reported in: 54Ind.Cas.887
Walmslby, J.1. This case comes before us under the provisions of Section 374, Criminal Procedure Code, as the learned Sessions Judge, accepting the verdict of the majority of the Jury, has sentenced the accused to death under Section 302, Indian Penal Code. The accused has also preferred an appeal.2. The case for the prosecution briefly stated is that the accused one night committed a violent assault with a knife on his two wives Saratan Bibi and Kafunnessa Bibi, killing the former and severely injuring the latter. The charges framed against him were under Section 326, Indian Penal Code, in respect of the injuries caused to both women, and under Section 302, Indian Penal Code, in respect of the fatal injuries caused to Saratan.3. The Jury by a majority of three to two found the accused guilty under Section 326, Indian Penal Code, and Section 302, Indian Penal Code.4. There is singularly little evidence against the accused. It is not proved that be was alone with Saratan Bibi on the nig...
Sibnath Saha and anr. Vs. Mohesh Chandra Saha
Court: Kolkata
Decided on: May-01-1919
Reported in: 59Ind.Cas.89
Newbould, J.1. This appeal arises out of a suit for a declaration of a right of way. The suit was dismissed by the Munsif and decreed on appeal by the Subordinate Judge and the defendants have preferred a second appeal to this Court.2. The plaintiff and the defendants were co-sharers in a homestead and buildings thereon. There was a suit in which the present defendants were the plaintiffs and this joint property was partitioned by arbitrators and the suit decreed in terms of the arbitrator's award. In the reference to the arbitration there is a paragraph (paragraph No. 12) which runs as follows:The passages leading from both houses should be kept intact by keeping them in ijmali in proportion to their respective sahams.3. It is admitted that the pathway over which the right of way is now claimed, was in existence before the partition suit. But in making their award, the arbitrators, though they have reserved an area of a little less than 2 bighas as ijmali for roads, privy and tanks, d...