Court : Guwahati
V.D. Gyani, Actg. C.J.1. Basic facts of this case are substantially admitted. The only difference is in the nature of defence set up by the respondents, otherwise it is an admitted position that the father of petitioner Nos. 2 to 4 and the husband of petitioner No. 1 was picked up by the army on 13.9.1997.2. While the writ petitioners' claim is that on 13.9.1997 at about 4.00 p.m. a group of army personnel came to the tea stall while Bhupen Choudhury, their father was engaged in his own tea stall, he was asked to go with them to their camp. Handing over the charge of his tea stall to one of his sons, he went with the army personnel. At the same time another person by name Krishna Sarmah was also picked up, who was the manager of another nearby tea stall. When he did not return by night, the petitioners with four other local persons went to Khairabari Army Camp around 9 a.m. They reached at the gate of the army camp and requested the sentry on duty to allow them to meet the Major. An a...
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B.P. Katakey, J. 1. The present Writ Application has been filed by Mr. Noklenlemba, father of Late Tiaba Ao who was allegedly died in police custody. By the present writ application, the petitioner prayed for awarding compensation in favour of the wife and the minor children of the deceased as well as to the writ petitioner for the said custodial death and also to fix the responsibility on the guilty officers and to take criminal action against them.2. Heard Mr. Imti Longchar, learned Counsel for the petitioner and also Ms. Y. Longkumer, learned Govt. Advocate for the respondents.3. This Court, vide order dated 11.10.2001, while issuing notice of motion directed the learned Addl. Deputy Commissioner (Judicial), Tuensang to cause an enquiry leading to the custodial death of the said deceased and after recording the evidences, both oral and documentary submit report. Accordingly report dated 21.2.2002 was submitted by Shri L.N. Sema, Addl. Deputy Commissioner (Judicial) Tuensang. The w...
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Thadani, C.J.1. This is an appeal made by the Government Advocate of Assam on behalf of the Province of Assam under Section 417, Criminal P. C, in a ease in which 9 accused persons, viz., (l) Lakhikanta Medhi, (a) Bahiram Medhi, (3) Subharam Das, (4) Hargovinda Medhi, (6) Khili-ram Medhi, (6) Hansaram Medhi, (7) Naroram Medhi, (8) Bapuram Medhi, and (9) Panimal Medhi, were tried by the learned Assistant Sessions Judge, Assam Valley Districts, with the aid of a jury. At the conclusion of the trial, the jury brought a verdict of acquittal and the learned Judge, agreeing with the unanimous verdict of the jury, acquitted the accused. The present appeal has been brought against the acquittal of these accused persons.2. The grounds taken in the memorandum of appeal ate these : l) That the learned Sessions Judge misdirected the jury in not marshalling the facts and law in an intelligible way enabling the jury to come to a just verdict. (2) That the learned Judge should have placed the eviden...
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1. These are two applications by one Krishna Praaanna Ohakravarty under the provisions of Section 526, Criminal P.C., praying for the transfer of two criminal cases pending against him in the Court of Mr. L. 8. Ingty, a Magistrate of the First Class at Kohima. The facts material to the application are these:2. On 24th April i9i8 the applicant drew a cheque in favour of one Mr. D. K. Nath on the Noakhali Union Bank, Dibrugarh, for Ba. 85,687-10-6 in pursuance of an award passed by one Mr. D. K. Nath in a criminal case no. 6 of 1948 in which one Jan Muhammed was the complainant. On receipt of the cheque by Mr. Nath the case against the applicant filed by Jan Muhammed was disposed of by an order of acquit-tal passed on 24th April 1948, For some reason or other the applicant then advised the drawee Bank to withhold payment of the cheque. One Biawanath Missir who apparently had some interest in the amount covered by the cheque filed a criminal case against the petitioner at Kohima on 13th ...
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Ram Labhaja, J.1. This is a revision petition against the order of the Politioal Officer, Sadiya Frontier Tract, dated 11th June 1948 by which he acquitted the three accused who are' respondents in this petition and who were tried' under a charge of murder for intentionally causing the death of Mt. Niang, a Khasi lady.2. Mt. Niang was murdered in the early hours of the morning of 12th June 1947. Metilda, who was living with the deceased as her adopted-daughter, was in her room on the night of the occurrence. She reported at 6 A. M. that Lakhi Bangali and Ekadaai, respondents 1 and 2, had committed burglary by breaking open the house and had caused grievious hurt to Mt. Niang, who was alive till then. She died later.3. On 18th June 1947, Metilda took Jogendra K. Chaudhury, Officer-in-Charge, Sadiya Police Station, to the house and pointed out a hole in the wooden post. From this some ornaments and Cash were recovered. She also pointed out the blood stained Dao which was also concealed ...
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Thadani Ag. C. J.1. On 23rd April 1949, the Deputy Commissioner of Goalpara, Stiri K. C. Barna, addressed a letter to the Registrar (Judicial) of this Court, in these terms :I have the honour to bring the following faot3 to your kind notice for taking necessary actions ag tha Hon'ble Court deems fit. The fasts appear to me to constitute on offence under Contempt of Courts Act, 1926, as well as misconduct of certain pleaders and Advocates practising in Dhubd Court under. the Legal Practitioners Act, 1879, The facts are briefly as follows :In the course of an enquiry under the Assam Land and Eevenue Begulation by the Sadar 3. D. C. Mr. D. Sarma.ona Miss Sumati Das Gupta, Sterotary, Ladies. Club, was asked to produce certain records of tha Club and attend his enquiry personally. On her failure to do so, a daily fine of Ra, 10 was imposed on her Under Section 142, Assam Land and Eevenue Regulation on 23rd March 1949 until the papers would be produced. The next day a Distress Warrant was E...
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Thadani, C.J.1. This is a reference made by the learned Sessions Judge of Upper Assam Districts under the provisions of Section 438, Criminal P.C., in the case of ore Kanaketuvar Bora v. Asatu Kalita and 4 Ors.2. The complainant, Kanakeswar Bora, brought a complaint before the Senior Magistrate, Jorhat, in which he alleged that on 2nd February 1918, the accused persona (respondents in this case) at about 8 p. M. met him on the road and stole a money bag from his possession containing B9. SCO. The Senior Magistrate, Jorhat, transferred the case to the 2nd Class Magistrate, Jorhat, who examined the complainant on oath and sent the complaint to the Police for report; on 24th May 1918, on receipt of the report from the Police, the learned 2nd Class Magistrate issued process against the accused persons under Section 379 and 323, Penal Code. The accused apparently did not respond to the summons and the learned Magistrate issued warrants against them on 84th June 1948, and 20th July 1948. On...
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Thadani, C.J.1. This is a reference made by the learned District Magistrate, Goalpara, in a case filed by one Md. Shamsher Ali Sarkar against one Abdul Mazaffar Hussain, under Section 407, Penal Code in the Court of Mr. S. K, Bhattacharjee, Senior Extra Assistant Commissioner, Goalpara, who acquitted the accused Abdul Muzaffar Hussain on 19-2-49 by his order which is in these terms:Accused is not available as he is reported to have left for Pakistan and he Is not available. Under the circumstances, accused is acquitted. 2. The learned District Magistrate points out that as far back as 21-1-1948, the trying Magistrate framed a charge against the accused under Section 407, Penal Code, and that the absence of the accused on 19-2-49 and dates prior thereto was not a ground for acquitting him. The learned District Magistrate rightly points out that it was the duty of the trying Magistrate to have taken all necessary steps to secure the attendance of the accused by resorting to the appropri...
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Thadani, C.J.1. This is an application under the provisions of Section 526, Criminal P.C. praying for the transfer of Case no. C. Rule 10 of 1919 pending in the Court of the Magistrate, 1st Class, Kohima, Naga Hills, against one Sri Ram Saran Kashyap Under Section 420, Penal Code.2. The case is sought to be transferred on the ground of the convenience of the parties. It is stated in the petition that the accused resides in Calcutta; the journey from Calcutta to Kohima is a long and troublesome one and requires frequent changes and takes several days; that of the 10 prosecution witnesses, 6 reside in Calcutta, 3 in Shillong, and the remaining witness in New Delhi.3. We bad occasion to consider the question of transfer of a criminal case ponding before a Magistrate of Kohima in the Naga Hills District in the case of one Krishna Prasanna chakravarty. In our judgment, which is reported In Krishna Prasanna v. Jan Mohammad A.I.R. (36) 1949 Assam 69 : 61 cr. L.J. 147, we observed:The Governo...
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Ram Labhaya, J.1. The petnr. Israil Khan @ Babua was ordered to be externed from the Province of Assam for a period of five years by the order of the Mag., 1st Class, Dibrugarh, dated 18-8-1949. On appeal, the learned Ses. J., UAD, modified the order of externment by reducing the period of externment from 5 to 3 years.2. The petnr. has assailed the correctness of the orders of the Cts. below on several grounds by a petu. Under Sections 435, 439 and 561 A of the Cr. P. C3. Briefly stated the facts are that the proceedings were initiated on a report dated 21-1-1949 from the Inspector of Excise, Dibrugarh, to the Dist. Mag. The report was to the effect that Israil Khan was by habit a smuggler of opium. He was importing opium from outside the Province & selling it to local retailers. His house had been searched on a number of occasions on suspicion but nothing incriminating was found as the result of these searches. It was further stated that he had secret places for storage of opium & h...
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