Court : Guwahati
Decided on : Jan-09-1967
..... is equally well settled that the presumption of innocence of the accused is further reinforced by his acquittal by the trial court and that the views of the trial judge as to the credibility of the witnesses must be given proper weight and consideration. it was also held that there must be substantial and compelling reasons for the ..... accounts before 1.9.1960, and filed the criminal case against the respondents on 7.11.1960, which was committed to the sessions.3. the learned assistant sessions judge framed charges against the 1st respondent under sections 408 and 477-a i.p.c. and framed charges against the other respondents under the same sections read with ..... confessional statement made on oath by an accused person before the assistant registrar of co-operative societies in an inquiry held by him in regard to certain forged cheques is not necessarily inadmissible under section 24 of the indian evidence act. in ram singh v. state air 1959 all 518 it was held that to distinguish between a .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-17-1967
..... 149 of the indian penal code and sentences that they should undergo rigorous imprisonment for 2 years, 7 years and 5 years under each count. the additional sessions judge directed that the sentences should run concurrently.2. the case of the prosecution is that since the government of manipur did not recognise the matte tribe, the appellant ..... . so no prejudice was caused to the appellants. another contention of the learned counsel for the appellants is that the evidence of p.w. 22 cannot be acted upon unless it is corroborated by other independent evidence. he relied on the following decisions in support of this contention. in re kataru chinna papiah air 1940 mad ..... but also the guilt of their co-accused whom they implicated. there are a number of decisions which have laid down the test when a retracted confession can be acted upon. in puran v. state of punjab : air1953sc459 it was held that it is a settled principle that unless a retracted confession is corroborated in material particulars, .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-13-1967
..... for the petitioner were all adverted to and repelled by the supreme court in thomas case v. state of punjab : 1959crilj392 by a majority of 4 judges. in that case after a departmental inquiry, the colletor of customs directed 'absolute confiscation' of sew a kinds of currency (of the value of more than rs. 8 lacs) under section ..... mentioned in the petition.5. point (i): -the contention of the learned government advocate appearing for the respondents is that under section 188 of the sea customs act (act viii of 1878) an appeal lies to the chief customs authority that the petitioner should have filed an appeal to the chief customs authority against the order covered by ..... arise for consideration are:(i) whether the petition is not maintainable;(ii) whether the prosecution of the-petitioner, for offence under section 23 of the foreign exchange regulation act (act vii of 1947) is hit by article 20(2) of the constitution of india and is liable to be quashed: and(iii) whether the order of the first .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-08-1967
..... an affidavit may be sworn.7. then there is the decision of the rajasthan high court in air 1966 raj 5, relied on by the additional sessions judge, who made some of the references in question. bhargava, j., held that the affidavits for proceedings under section 145, criminal procedure code cannot be sworn before a ..... and passed orders under section 145(4) cr.p.c. the aggrieved parties assailed the orders in revision before the sessions court, manipur. the additional sessions judge relied upon the decision reported in hemdan v. state of rajasthan air 1966 raj 5 and held that the affidavits, which were sworn before some other magistrates ..... filed thereunder, should be sworn. but, section 510(510a?) criminal procedure code, which was inserted by the same amendment act (act xxvi of 1955), is the general section, which applies to all such formal affidavits filed in any inquiry or trial or other proceeding under the criminal procedure code. so, no special provision was made in section 145(1) .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-19-1967
..... to be recorded in writing, postpone the issue of process for compelling the attendance of the person complained against and may either inquire into the case himself or direct an inquiry or investigation by any magistrate subordinate to him (if he is a magistrate other than a magistrate of the third class) or by a police-officer, or by such ..... for him in the court.but, in the present case this objection was not taken by the petitioner's counsel either before the s.d.m. or before the sessions judge or even in this court. only after the respondents' counsel replied to the argument of the petitioner's counsel, the latter urged this contention in his reply. the respondents' ..... cr.p.c. shows that the learned s.d.m. violated the provisions of both the sections. section 200 cr.p.c. (as amended by the cr.p.c. amendment act 26 of 1955) provides that the magistrate shall, on taking cognizance of the offence on complaint, at once examine the complainant and the witnesses present, if any, upon oath. .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-28-1967
..... order of acquittal is contrary to the provisions of section 367 cr.p.c. the case was transferred to the additional sessions judge. the latter registered the criminal case as criminal revision case 53/65/18 of 1965 and dismissed the revision on 5.1. ..... .c. in view of sub-sections (2) and (3) of section 29 of the indian limitation act (act xxxvi of 1963). vide kaushalya rani v. gopal singh : [1964]4scr982 .4. the contention of the learned counsel for the appellant is ..... singh, m.i.c. imphal. the supreme court made it clear that the court has no power under section 5 of the limitation act (act xxxvi of 1963) to extend the special period of limitation of 60 days prescribed by sub-section (4) of section 417 cr. p ..... trial court should contain the point or points for determination, the decision thereon and the reasons for the decision. the additional sessions judge held that, even if the judgment of the magistrate is not in accordance with section 367 cr.p.c. it is an .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-28-1967
..... be essential to the unfolding of the prosecution story. no doubt, interestedness is not a circumstance for disbelieving a witness but, it has to be taken into consideration in judging the truth and reliability of the witnesses. the prosecution would have examined some independent witnesses of the occurrence, who were present in the performance.(b) secondly, ras lila performance ..... on his head.12-13. after discussion of further evidence his lordship proceeded: so, in view of the general background and the circumstance of the case, the additional sessions judge is correct in holding that there was a (free) fight between the two parties and that p. ws. 1 to 7 (muhori singh, bheigya singh shyamkishore singh, ibobi ..... wrong is finding a/6 (nimai singh) guilty, while holding that there was a (free) fight between the two groups. no doubt, the court can act upon the testimony of the p. ws. in so far as some of the accused are concerned and discard their evidence with regard to other accused, as the .....
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