Court : Guwahati
p.g. agarwal, j.1. criminal appeal no. 313/2001 is directed against, the judgment and order, dated 4.9.2001, passed by the addl. sessions judeg, kamrup, guwahati, in sessions case no. 135(k)/1997 (gr case no. 209/97), whereby the accused appellant bipul medhi was convicted under section 417, ipc and sentenced to rigorous 'imprisonment for six months and to pay fine of rs, 1,000 in default further imprisonment for two months.2. the prosecution allegation, in brief, is that accused bipul medhi developed some intimacy and friendship with sewali kalita and the affair continued for two-and-half years. the accused, thereafter, promised to marry sewali and believing on the said plea, sewali allowed the accused to have cohabitation with her and as of such cohabitation, she became pregnant. the victim also alleged rape, whereupon the accused was tried for commission of offence under section 493/376, ipc. on conclusion of the, trial, the learned trial court convicted the accused-appellant as aforesaid.3. while hearing the appeal, the learned single judge noted that in the facts and circumstances of such cases on the question whether offence under section 417, ipc is made out or not, there are three decisions of this court and two of these decisions are contrary to each other. all these cases have been decided by learned single judges, but with different views. on reference being made, the hon'ble chief justice has referred these matters to this bench and that is how, we have heard .....
Tag this Judgment!Court : Guwahati
..... government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself, outside the area within the local limits of his jurisdiction, by such route and within such time as the said officer may prescribe and not to enter or return to the ..... the section only enables authorities to take note of their convictions and to put them outside the area of their activities, so that the public may be protected against a repetition of such activities. .....
Tag this Judgment!Court : Guwahati
..... received a telephone call from one robert in january, 2004, and also in the first week of february, 2004, demanding money from the informant claiming that the caller was commandant of an extremist group operating in the area, where the informant was serving. .....
Tag this Judgment!Court : Guwahati
..... was in the habit of shirking responsibilities which led to open fire by cisf personnel of rajmahal camp and he feigned sickness at rtc barwaha where he was detailed to undergo commando course and he obtained medical rest on being detailed in panchayat election duty in west bengal and further allegation that he was found hand and glove with the illegal coal mafia during the enquiry by dig (nez), calcutta are nothing but the foundation of the ..... responsibilities which led to open firing by cisf personnel of rajmahal camp; (ii) he feigned sickness at rtc, barwaha where he was detailed to undergo commando course, after reporting late by one week; (3) he obtained medical rest on his being detailed in panchayat election duty in west bengal in may, 1998; (4) he was found hand in glove with the illegal coal mafias during an enquiry by dig (nez), calcutta. ..... mahapatra that an incident occurred in hizuketa area where some cisf personnel was injured. .....
Tag this Judgment!Court : Guwahati
a.h. saikia, j.1. i have heard mr. ab choudhury, learned counsel for the appellants and mr. k munir, learned p p assam. 2. this appeal has been carried from the judgment and order dated 19.12.2000 passed by the learned sessions judge, karimganj in sessions case no. 27/98 convicting the two appellants namely sambhu paul and bhola paul under section 498a/304b read with section 34 ipc and sentencing them to rigorous imprisonment for three years and a fine of rs. 5000 each, in default, rigorous imprisonment for one year for offence under section 498a, ipc and also rigorous imprisonment for seven years under section 304b, ipc. the sentences of imprisonment are to run concurrently. 3. the prosecution case, in brief, is that late shyma paul was married to appellant no. 1, sambhu paul on 14.12.1994. since her marriage the appellant no. 1 along with his mother brother and sister, being not satisfied with the usual gifts given at the time of marriage, used to assault and inflict torture on her. on 22.9.1995, the younger brother of the appellant no. 1, one shri chutan paul (since acquitted by the trial court) left the deceased in her parents' house at her advance stage. during her stay at her parental home she had to be admitted to a hospital namely, 'life line nursing home' at silchar where she delivered a still born baby. it was also alleged during her stay at hospital the appellant no. 1 the husband of the deceased did not care to inquire about her health, rather on request being .....
Tag this Judgment!Court : Guwahati
..... and that they were citizens of a free naga land and were arranging for their defence with the arms they carried and at they were, collecting free contributions from villagers residing in the hoi areas.it is clear from these circumstances that the appellants cannot be released on probation of good conduct under section 4. .....
Tag this Judgment!Court : Guwahati
t.n. singh, j.1. in this matter the petitioner sent an application from his place of detention at silchar jail to this court for his release challenging the validity of the order made under the national security act by the district magistrate, lunglei, mizoram. mr. b. tanti, advocate, was appointed by the court as the counsel for the petitioner as it was a habeas corpus matter and upon hearing counsel for both sides a rule nisi was issued on 29.11.1982. pursuant thereto no return was filed on behalf of respondent no. 2 and when the matter came up forhearing on 25.1.83 before this court mr. tanti submitted that on 16.2.83 (sic) the detenu was already in custody and therefore the activity attributed to him on that day in the ground no. 2(c) made the ground non-existent. we passed an order on that date directing the respondents to ascertain the fact and file affidavit on this aspect of the matter. accordingly, an affidavit has been filed in this case on 9.2.83. the relevant statement at para 2 of the affidavit which is extracted below:2. that with regard to the allegations made by the petitioner through his counsel at the time of hearing of the present case that he was in judicial custody from 25.1.82 to 1.3.82 and as such the last part of ground no. (c) is non-existent; the deponent begs to state that the date 16.2.82 appearing in para (c) of the grounds of detention is a typing mistake and that the same should be read as 16.12.81 in place of 16.2.82. the deponent further begs .....
Tag this Judgment!Court : Guwahati
..... in praveen singh, supra, the punjab public service commission in june 1993, issued an advertisement for 26 block development and panchayat officers but before the process could be finalized the vacancies were filled up by ad hoc appointments. ..... rule 5 of the punjab development and panchayat class ii (service) rules which governed the process prescribed the qualifications essential to be appointed to the service. .....
Tag this Judgment!Court : Guwahati
(oral) katakey, j. 1. these three appeals being against the common judgment and order dated 30.09.2011 passed by the learned sessions judge, morigaon, in sessions case no.107/2006, are taken up together for hearing and disposal, as agreed to by the learned counsel appearing for the parties. by the aforesaid judgment and order the learned sessions judge, morigaon, has convicted all the appellants, namely, md. abul kasem, nuruddin (appellants in crl.a. no.180/2011), hussain ali (appellant in crl.a. no.217/2011) and abdul jabbar (appellant in crl.a.(j) no.115/2011) under section 364a ipc and sentenced them to undergo rigorous imprisonment for life and to pay a fine of rs.5,000/-; under section 120b ipc and to undergo rigorous imprisonment for 5(five) years; under section 121a ipc and to pay a fine of rs.2,000/-, in default, to suffer simple imprisonment for 1(one) year; under section 25(i)(a) of the arms act and to undergo rigorous imprisonment for 3(three) years and to pay a fine of rs.2,000/-, in default, to suffer simple imprisonment for a further period of 6(six) months and also under section 4 and 5 of the explosives substances act and to undergo rigorous imprisonment for a period of 5(five) years and to pay a fine of rs.5,000/-, in default, to suffer simple imprisonment for a further period of 2(two) years. 2. a criminal investigation was set in motion on lodging of the first information report on 27.08.2000 by sri ram dulal rajbhar (pw-1) alleging that one paresh bordoloi .....
Tag this Judgment!Court : Guwahati
..... reserved fee will be notified by the excise commissioner for each such shop keeping in consideration the quantity of the intoxicant estimated to be sold during the current year or the actual of the preceding three years in a business area to be notified by the state government at the beginning of the every year.14. mr. ..... gujrat kishan mazdoor panchayat and ors. ..... in the light of the decision of supreme court in 1993 supp (1) scc 636 (gram panchayat, patiala v. .....
Tag this Judgment!