Court : Guwahati
G. Mehrotra, J. 1. This is an appeal under Section 116A of the Representation of People Act, 1951, (hereinafter called the Act) against the judgment of the Election Tribunal, Nowgong. The appellant Biresh Misra (hereinafter called the appellant), a voter of Silchar West Constituency stood as a candidate for the election for the Assam Legislative Assembly from Lumding constituency as the nominee of the Communist Party of India. The respondent No. 1--Ram Nath Sarma (hereinafter called the respondent) was a candidate nominated by the Indian National Congress to contest for the aforesaid constituency. The respondent is also the Chairman of the Local Board of Nowgong and the other respondents were also the candidates for the said constituency. Abdul Mosabir contested as an independent candidate and the other respondents represented various other parties. Lumding constituency is also included as a part in the Loksabha constituency of the district of Nowgong and Sri Liladhar Kataki was the ...
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A.B. Pal, J.1. The petitioner Shri Nath Singh Mahar was enrolled in Assam Rifles on 15.3.1975. Before employment he was married to one Ganga Debi. On 8.3.1985, after a period of more than ten years in service, he contracted a second marriage with one Smti. Sarda Devi when his first wife was alive. This being a misconduct he faced a disciplinary proceeding initiated in January, 1996. Two charges were framed against him. The first charge is that in 1985 when he was Naik Subadar he gave a false declaration that his first wife Ganga Devi died on 15.10.1984. The said declaration was published in the Unit BRO as 42.9.85. Thereafter he married Smt. Sarda Devi. But from the letter dated 19.1.93 of Smt. Ganga Devi, forwarded by Soldier Welfare and Rehabilitation Branch, it came to light that the petitioner gave a false declaration which is unbecoming of a government servant. The second charge is that he contracted a second marriage on 8.3.1985 with Smt. Sarda Devi when his first marriage with ...
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N. Ibotombi Singh, J1. Six accused were put on trial for offences punishable under Sections 120B, 302, 201 and 302/34, Penal Code, before the learned Sessions Judge, Goalpara, in Sessions Case No. 3 (K)/74. The learned Sessions Judge convicted 4 accused, namely, Cendra, Brahma, appellant in Criminal Appeal No. 47 (J) of 1975, Karendra Nath Brahma, appellant in Criminal Appeal No. 48 (J) of 1975, Shri Magon Basumatary, appellant in Criminal Appeal No. 49 (J) of 1975 and Shri Janaki Basumatary, appellant in Criminal Appeal No. 50(J) of 1975 for offence of murder of one Abhiram Barguari of village Singimari punishable under Section 302 read with Section 34, Penal Code and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000 each, in default, to undergo further rigorous imprisonment of one year each. They were also convicted for offence punishable under Section 201, Penal Code and sentenced each to rigorous imprisonment for two years and to pay a...
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H.N. Sarma, J.1. The writ petition WP(C) No. 3282/2006 has been filed by the petitioner Challenging the legality and the validity of the judgment and order dated 15.6.2006 passed by the Assam Board of Revenue in Case No. 115 RA(K)/2005 dismissing the appeal filed by the petitioner confirming the order passed by the Deputy Commissioner, Kamrup, in Encroachment Case No. 16/2005. Similarly, WP(C) No. 3283/2006 has been filed challenging the decision of the Assam Board of Revenue passed in Case No. 116 RA(K)/2005 upholding the notice of eviction dated 25.5.2005 issued by the Deputy Commissioner, Kamrup.2. Both these two writ petitions have been filed by the same petitioner and the points involved for determination also being common, as prayed for, these writ petitions are heard analogously and disposed of by this common judgment and order.3. I have heard Mr. P.C. Deka, learned senior counsel for the petitioner assisted by Mr. N. Deka, learned Counsel and Mr. PS. Deka, learned GA, Assam.Mr...
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Deka, J.1. This appeal is from Jail on behalf of Tirtha Bahadur linojal alias Kurtha Bahadur Bhojal who was convicted by the Additional Sessions Judge, L. A. D. Under Section 302, Penal Code and sentenced to transportation for life. The accused was tried along with another person by the name of Jay Bahadur alias Lama Nepali of an offence Under Section 302 read with Section 34, Penal Code and the Jury having returned a verdict of not guilty against the other accused and one of guilty against the present appellant Under Section 302, I, P. C. he was convicted and sentenced as aforesaid.2. The prosecution case is that one Kalaram Kalita of Majirgaon or the Palasbari Police Station started for Malaibari, a place about four miles off from the Railway Station at Khetri, on 16-4-1952, a Wednesday, with some money in his possession but he had not as a matter of fact arrived at his destination and was found to be missing since then. Three persons Govinda Ram Kalita, Lohit Kalita and Kalaram Kal...
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M.C. Pathak, J.1. Criminal Appeal No. 32(J)/68 and Government Criminal Appeal No. 13/68 are directed against the order of conviction and sentence and the order of acquittal respectively passed in Sessions Case No. 41 (K) of 1967. Altogether 51 persons were charged under Section 400, Indian Penal Code and tried by the learned Sessions Judge Goalpara. Out of them the case against 1 was given up by prosecution, 16 were convicted and 34 were acquitted. The 16 persons who were convicted and sentenced, have referred Criminal Appeal No. 32(J)/68 from the jail. The State Government has preferred Government Criminal Appeal No. 13/68 against the order of acquittal of the 34 accused persons.2. In Government Criminal Appeal No. 13/68, Mr. S. N. Bhuyan the learned counsel, has appeared on behalf of 6 Respondents, that is Respondents 14, 23, 25, 27 29 and 30.3. The prosecution case, in brief, was that the accused persons belonged to a gang associated for the purpose of habitually committing dacoit...
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B. Lamare, J. 1. Heard Mr. R. Iralu, learned counsel for the petitioner and Ms. N. Rhetso, learned Addl. Central Govt. Standing Counsel. 2. The petitioner is the father of late Ms. Rukhiezonuo. The petitioner has three daughters and four sons. The deceased late Rukhiezonuo was the eldest daughter. The said daughter of the petitioner was shot dead by one Rifleman No. 13747927 U, Ram Rattan of the 5th Bn. J&K; Rifles on 29.6.1996. The story leading to the death of the deceased is clearly mentioned in paragraph 2 and 3 of the writ petition which reads as follows ;- 'That there is an army post at Chiephobozou Village which is not very far from the petitioner's village of Nerhema. On 29.6.1996 the 'C' company 5th Battalion, Jammu and Kashmir Rifles, then posted at Indira Gandhi Stadium, Kohima, moved to Chiephobozou army post. On the same day, sometime in the evening Rifleman No. 13747927 Y, Ram Rattan, 5th Battalion & A.K. Rifles, left the post fully equipped with rams and ammunition wh...
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I.A. Ansari, J.1. By the impugned judgment and order, dated 5.3.2002, passed, in Criminal Appeal No. 63/2001, the learned Sessions Judge, Kamrup, Guwahati, has dismissed the appeal of the present accused-petitioner and upheld thereby the judgment and order, dated 18.10.2001, passed, in G.R. Case No. 5781/1998, by the learned Speclal Judicial Magistrate, Guwahati, convicting the present accused-petitioner under Sections 392, IPC and sentencing him to undergo rigorous imprisonment for 2 (two) years and pay a fine of Rs. 300/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 15 days.2. The case against the accused-petitioner, as surfaced at the trial, may, in brief, be stated as follows:On 13.12.1998, Badri Bahadur Biswakarma (hereinafter referred to as 'the informant') along with his minor son, Suraj Bahadur Biswakarma, came from Shillong to Guwahati on their way to Siligri and Oil that day, i.e. 13.12.1998, at about 5.45 p.m. while the informant ...
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S.N. Phukan, J.1. By judgment and order dated 14-10-1988 passed by the learned Chief Judicial Magistrate, Kamrup at Guwahati in Case No. 1485 C of 1986 and the accused person was found not guilty Under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954, for short Act. This court by order dated 16-6-89 took suo-motu action. Hence the present proceeding.2. The case was instituted on an offence report dated 30-4-86 filed by the Food Inspector, Kamrup. According to the prosecution on 21-6-85 at about 2 p.m. Shri Goswami, the then Food Inspector, with his office Peon visited the premises of M/s. Mahabir Mistanna Bhandar, Silpukhuri, Guwahati and took sample of Dahi stored for sale after observing all the formalities and by serving a notice in Form VI on the owner; namely the accused. The Food Inspector divided the sample into three parts -- one part was sent to the Public Analyst, Guwahati along with a copy of the memorandum affixing seal impression of the seal used in the s...
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S. Rangarajan, J.1. The twelve appellants have been convicted Under Sections 148, 302 read with 149, I. P. C. and sentenced, each of them, for two years Under Section 148 and 'rigorous' imprisonment for life plus a fine of Rs. 1000/- in default R. I. for another year, each, under the latter sections, though obviously the learned Judge could only impose imprisonment for life. The case of the prosecution is briefly as follows.2. P. W. 1 Abed Ali had proceeded from his village Borghat to Tezpur town along with the deceased Joymat Ali and Reajuddin (P. W. 2), about 9 miles away. He had gone on bicycle, the other two had gone by bus. P. W. 1 returned on bicycle from Tezpur ; P. W. 2 and the deceased returned by bus. The bus runs up to the village Panchali, from which one has to proceed on foot to village Borghat, When P. W. 1 was returning by bicycle, he met P. W. 2 and the deceased near the police camp of their village, proceeding homewards ; P. W. 1 continued to proceed on bicycle. At th...
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