Judgment Search Results Home > Cases Phrase: stolen goods Court: guwahati Page 1 of about 51 results (0.010 seconds)

Bikash Das Vs. State of Tripura

Court : Guwahati

..... family could identify any of the dacoits because they covered their faces by black cloth. however, evidence adduced by the prosecution has established that some of the stolen goods were found from the possession of the accused which is directly connected with the dacoity committed in the informant's house. it is therefore, legitimate to apply ..... under the provisions of section 114 with the aid of illustration (a) of the evidence act, because the accused appellant could not account for possession of the stolen goods in his house. in the case of shivappa (supra) it was held by the apex court:if there is other evidence to connect an accused with the ..... rs. 1000/- only in default to suffer st for one month.7. shri d. guha learned counsel for the appellant, strenuously argued that the recovery of stolen goods from the possession of the accused appellant could not be proved/established inasmuch as the incriminating articles were allegedly recovered and seized from the dwelling hut of the accused .....

Badal Samser Ali Vs. State

Court : Guwahati

..... with illustration (a) explained to the jury. it is a rule of evidence that a man who is in possession of stolen goods soon after the theft, is either a thief or has received the goods knowing them to be stolen unless he can account for his possession. in this case if you believe that the articles recovered from the house of badal ..... the court or the jury to presume when the recovery of the property was made soon after the theft that he was either a thief or had received goods knowing them to be stolen unless he could account for his possession. the presumption is one of fact and whether the court or the jury ought to draw it or not must ..... in his possession and control either exclusively or with the connivance of his father.there was no evidence in the case that badal received the goods knowing or having reason to believe that they were stolen or was there any evidence to show that he received property recovered from his house dishonestly. articles were recovered from the house where he and .....

Bhanu Lal Das and ors. Vs. State of Tripura

Court : Guwahati

..... , who then later identified them in the identification parades. maltreatment by the police of some of them was also-alieged. out of the two appellants from whose houses stolen goods were recovered nagendra denied the fact, while naman claimed the articles to belong to him.8. i shall first dispose of the legal objections that were raised by the ..... come out only in the evidence of p.w. 7 will not justify the inference that appellant nagendra was in possession, much less knowingly in possession, of the stolen goods recovered therefrom. it is not known if some others were also sleeping in that hut.it was incumbent on the prosecution to show, that appellant nagendra was in exclusive ..... assistant sessions judge allowed the statement of p.w. 14, which was 'i found nagendra marak and he made a confes- sional statement to me and showed me the stolen goods kept in his hut' to go down. it does not appear that any such statement of this appellant was recorded by the police, and the seizure list, also .....

Kishan Sarma Vs. State of Assam

Court : Guwahati

..... no meaning in the observation of the learned assistant sessions judge. the presumption under section 114 of the evidence act may be drawn by courts based on recovery of the stolen goods from the possession of a person soon after the theft. the words 'soon after' imply that the interval should not be much between the time of theft and that of ..... .1. the charge against the accused is one under section 411, indian penal code, for receiving an electric motor, which was stolen property, knowing that it was stolen.2. the evidence of the prosecution consists of proof that the motor was stolen on 25.7.1959 in a tea garden. the evidence of the prosecution also proves that it was recovered on 21 .....

On the Death of Deepak Kumar Dutta His Legal Heirs Vs. Union of India ...

Court : Guwahati

..... has been explicitly recorded that on the basis of the investigation carried out, it could not be ascertained as to whom the stolen goods belonged to and from where these had been stolen. learned counsel further submits that on the basis of the aforesaid subsequent developments, the writ petitioner ought to be exonerated of the ..... writ petitioner were proved by acceptable evidence and materials. the persons before whom the accused jalaluddin made a confession were examined and the recovery of the stolen articles, at the instance of the accused jalaluddin, was also witnessed by the person examined in the course of the disciplinary proceedings. there was, therefore ..... to the witnesses examined, the culprit jalaluddin had made the aforesaid confessional statement in their presence and furthermore at the instance of the said jalaluddin, the stolen property was recovered from a pond in their presence. it is the submission of the learned counsel for the petitioner that jalaluddin was not examined in .....

Kamalpur (Assam) Tea Estate Private Ltd. and anr. Vs. Superintendent o ...

Court : Guwahati

..... which a defendant, successful in an appeal, is restored to all he has lost by the execution of the judgment which is reversed ; the writ by which stolen goods were formerly restored to their true owner. restitution means the restoring of anything unlawfully taken from another. it is most frequently used in the common law for setting ..... commissioner may serve, within two years of the expiry of the aforesaid period, a notice in the prescribed form upon him requiring him to furnish a return of goods carried and such producer or dealer shall thereupon furnish the return within the date and to the authority mentioned in the notice. under sub-section (3) thereof, ..... of cultivation; manufacture and sale of tea in the kamal-pur tea estate despatching some of its products to calcutta. 2. in 1954, the assam taxation (on goods carried by roads or on inland waterways) act, 1954, was passed levying taxes on manufactured tea carried by road or inland waterways. the petitioner-company submitted a voluntary .....

Medu Sekh and anr. Vs. the State of Assam

Court : Guwahati

..... i have had the dog named juliana after thirteen months' training at gorakhpur training centre. the dog knows some codes and can detect a guilty person or find out stolen goods. the doe juliana was taken to the place of occurrence at the request of the police of the palasbari police station. the police took the dog to the place ..... not to overdo it to substitute the same as the sole evidence in the trial, by somehow obtaining a confession from the person on whom the dog pounces upon. good care will have to be taken by the investigating officer to obtain and produce admissible evidence from which independently it is possible to come to the conclusion that the ..... detected with the help of a doe by scent identification, sufficient safeguard will have to be taken by the police to ward off suspicion against manipulation. it will be good to remember that investigation has also to be fair as well as efficient. the investigating agency will have to keep in mind that the dramatic effect of the dog .....

Hari Charan Kalita Vs. District Magistrate and ors.

Court : Guwahati

..... course of such or similar activities and also suggest that it is a part of an organised activity of 'a complex of agencies collaborating to remove, secrete and sell' such stolen goods. this activity has very serious and disturbing consequences and it can well be part of a plan of sabotage which brings to a grinding halt the movement of trains.(underscoring .....

Rajiv Phukan and anr. Vs. the State of Assam

Court : Guwahati

Reported in : 2010CriLJ338

..... was inadmissibe inasmuch as the confession was induced by promise of favour. however, in consequence of the information given by the accused in his confessional statement, the goods stolen were found between the sacking of the bed of the accused. the discovery of articles was held to be admissible, though the confession had to be excluded. ..... gave rise to the principle that when any information is improperly obtained from an accused and in consequence thereof, there is discovery of some material fact, e.g., stolen property or body of a person murdered, such discovery would be admissible in evidence. in other words, the principle, which the cases referred to above, gave rise ..... too, the disclosure statement would be admissible and can be relied upon, though the accused might not have personally led the police to the place, where the stolen article was found.32. addressing itself to the question as to whether an accused must lead the police to the discovery of some material object, in order to .....

The State of Assam Vs. Upendra Nath Rajkhowa

Court : Guwahati

..... the accused. in two cases however persons who are not particeps criminis have been held to be accomplices, namely (i) receivers of stolen property have been held to be accomplices of the thieves from whom they receive goods, in a trial for theft, and (ii) where a person has been charged with a particular offence and evidence of other ..... expressly stated so, they have been at pains to dwell at length on all the points relied on toy the trial court as favourable to the prisoners for the good reason that they wanted to be satisfied in their conscience whether there was credible testimony warranting, on a fair consideration, a reversal of the acquittal registered toy the ..... the difficult task which the man of medicine performs and the limitations under which he works, his failure should not be taken as the end of the case, for on good and probative circumstances, an irresistible inference of guilt can be drawn.174. in i. m. g. agarwal v. state of maharashtra : [1963]2scr405 the supreme court has .....