Kolkata Court September 1921 Judgments
Girija Nanda Kali Mitter Vs. Emperor
Court: Kolkata
Decided on: Sep-29-1921
Reported in: AIR1921Cal433,71Ind.Cas.666
1. This Rule is directed against an order of the Munsif of Basirhat, First Court, passed tinder Section 476 of the Code of Criminal Procedure, sending the case against the petitioner to the Sub-Divisional Officer for enquiry or trial for committing offences punishable under sections 463 and 471. Indian Penal Code. The facts, so far as they are necessary for the decision of this Rule, are as follows: The petitioner is alleged to have presented two petitions before the Moharrir in charge of rent-suits in the Munsif's Court asking for the return of the documents filed by one Bhiku Gagi in two rent-suits. These two petitions purported to have been signed by Babu Probodh Chunder Ghose, who was the Pleader of Bhiku Gagi in those rent-suits. These signatures of the Pleader have been held by the Munsif to be forgeries. The only point for our consideration is a purely technical one and that is, whether the Munsif had jurisdiction to take action under Section 476, Criminal Procedure Code. Under ...
Tag this Judgment!Hari Charan Das and ors. Vs. Emperor
Court: Kolkata
Decided on: Sep-28-1921
Reported in: AIR1921Cal73,66Ind.Cas.998
1. The appellants have been convicted of rioting and sentenced under Section 147 of the Indian Penal Code to two years' rigorous imprisonment each. There can be no doubt that on the 23rd of November last a serious fight took plane between the appellants on one side and the principal prosecution witnesses in this case on the other. Men of both parties were separately Bent up for trial on charges of rioting and other offences. The trial of some men of the complainant's party resulted in their acquittal and the trial of seven men of the appellant's party resulted in the acquittal of one of the seven and the conviction of the others as stated above.2. From the portions of the evidence that have been read to us there seems to be very little doubt that what really happened was a mutual fight between the two parties, very probably pre arranged. But in reporting the matter to the Police both parties tried to make out a case of pure aggression by the other side. According to the accused, the oc...
Tag this Judgment!Ainuddi Chowkidar and ors. Vs. Emperor
Court: Kolkata
Decided on: Sep-21-1921
Reported in: AIR1921Cal64,66Ind.Cas.1000
1. The appellants in these cases were tried before the Second Additional Sessions Judge of Buckergunge and a jury and the jury unanimously found them guilty on all the charges found against them. AH the accused were charged with rioting armed with deadly weapons and also with being guilty of murder in consequence of one Nehaluddi having been murdered in prosecution of the common object of the unlawful assembly, Four of the accused were also convicted of murder after bringing into operation the provisions of Section 34, Indian Penal Code. All the accused have been sentenced to transportation for life and further sentences have been passed of three years' rigorous imprisonment each under Section 148, Indian Penal Code, the sentences to run concurrently. The appellant Kabiruddin has farther been convicted of an individual act of causing hurt with a dangerous weapon and sentenced to three years' rigorous imprisonment under Section 324-this sentence also to run concurrently with the sentenc...
Tag this Judgment!JiaratdIn Mohammed and ors. Vs. Emperor
Court: Kolkata
Decided on: Sep-15-1921
Reported in: 67Ind.Cas.200
1. These two Rules are directed against a conviction of the petitioners under Section 188, Indian Penal Code. They were convicted on two trials; but the appeals against the conviction were beard jointly by the learned District Magistrate of Dinajpore. The convictions, were based on the disobedience of an order under Section 144, Criminal Procedure Code, which was passed by the Sub-Divisional Magistrate of Thakurgaon forbidding the people in general especially the proprietor of Nitbazar hat contiguous to Lahiri hat which was owned by a different proprietor to hold the Nitbazar hat on Mondays and Fridays, At the hearing of the appeals, it was urged that there was no necessity of an order under Section 144 of the Code of Criminal Procedure. The question of the legality of the order does not appear to have been properly considered by the lower Appellate Court. That Court appears to have held that the order must be held to have been legally passed because an application to the High Court ag...
Tag this Judgment!Chetto Kalwar Vs. Emperor
Court: Kolkata
Decided on: Sep-08-1921
Reported in: AIR1922Cal401,71Ind.Cas.214
1. It is unnecessary to discuss the facts of this case in this appeal, as we are of opinion that, the trial was bad for misjoinder of charges, and we propose to order a re-trial of the appellant. At the trial the present appellant Chetto Kalwar and one Jug Mohan Kalwar were jointly tried. Twelve charges were framed against them. In the first, Chetto was charged with wrongful possession of two items of stolen property on the 25th of March 1921. In the second Jug Mohan was charged with having abetted that offence. In the third charge Chetto was charged with being in wrongful possession of three items of stolen property on the 27th of March, 1921 and, in the fourth charge, Jug Mohan was charged with having abetted that offence. In the fifth charge, Chetto was charged with being in wrongful possession of eleven items of stolen property on the 31st of March 1921 and, in the sixth charge, Jug Mohan was charged with the abetment of that offence. Then, in the remaining charges Chetto and Jug M...
Tag this Judgment!- ‹ Prev
- Next ›