Court : Guwahati
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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1.This is a reference under the provisions of Section 307, Criminal P. 0. The prisoner, Amir Hussain, was committed to the Court of Session on a charge of rape, the allegation being that he had sexual intercourse with a girl named Parida, aged about 4j years. He was tried by the Assistant Sessions Judge of the Upper Districts, with the aid of a common jury. The jury returned a unanimous verdict of not guilty. The learned Assistant Sessions Judge felt unable to accept this verdict, which he regarded as perverse and contrary to the weight of evidence. He accordingly made this reference recommending that the accused be convicted of the offence of tape or, at all events, of an offence punishable under Section 864, Penal Oode, and punished therefor.2. The case for the prosecution was as follows: The girl Farida Begara is the daughter of one Mofizuddin Ahmed who was appointed temporarily to work as a fitter in Ouphulia Tea Estate, which is about 7 or 8 miles distant from his home at Moran. ...
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1. This is an appeal against a conviction and sentence Under Section 5(a), Assam Prohibition Act, 1948. The appellant, Mukharam Singh, and one Koilosia Nunia were jointly tried by the District Magistrate, Nowgong, on a charge Under Section 5 (a), Assam Prohibition Act 1948. The case against him was as follows.2. On 3ist May 1948, members of the Excise Special Branch held up no, 5 Up-Train at Lumding and searched the same.) They found the female accused, Koilosia, in a third class compartment, and noticing a smell of opium near her insisted upon a search of her person, and they recovered from her person a packet containing 2 seers of opium. When the opium was seized, the woman stated that it had been given to her by a man who had persuaded her to take it with her to Sarupathar on payment of RSection 10. Thereupon she took the Excise S.I, along the train and pointed out accused 2, Mukharam Singh, who was sitting in another oompartment. The woman went up to him, addressed him by name and...
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1. This rule was issued upon the Deputy Commissioner, Nowgong, to show cause why the convictions and sentences imposed on the petitioner should not be set aside. The ease for the Crown was that the petitioner was travelling on the train from Pandu through Gauhati on 14th October 1947. His conduct aroused suspicion and he and his luggage were searched. In the trunks belonging to him was found 37 seers of opium. Evidence was adduced by the prosecution in support of these allegations and the learned Magistrate, believing the evidence, found the petitioner guilty Under Section 9 (a) of Act I [1] of 1878 and sentenced him under that section to undergo rigorous imprisonment for two years, and to pay a fine of Ea, 1,000 in default, to suffer rigorous imprisonment for a further period of one year. The learned Magistrate also found the petitioner guilty Under Section 9 (c) of the said Act on the same facts, and sentenced him under that section to undergo rigorous - imprisonment for two years a...
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1. This is an application under the provisions of Section 526, Criminal P. C., for transfer of Misc. case No. 4 of 1949 from the f-le of Mr. Mahiuddin Ahmed, Magistrate, 1st class, Tezpur, to some other Court of competent juisdic tion at Tezpur. In Pdra. 8 of the application, it is stated that the applicant has come to know that the trying Magistrate is closely related to the Superintendent of Excise and that he stayed with the Superintendent for about a fortnight when he first visited Tezpur, and that the trying Magistrate went to Balipara to try the case in the same car with the Superintendent, the oar belonging to the Superintendent; the applicant was, therefore, apprehensive that he would not get a fair and impartial trial at the hands of the trying Magistrate, Mr. Mahiuddin Ahmed.2. It appears that an application for transfer of this case was in the first instance made to the District Magistrate, Darrang, under Section 628, Criminal P. C., but the learned District Magistrate refu...
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1. This is a petition Under Section 439, Criminal P.C. by one Bholanath Sarmah who was convicted by a 1st class Magistrate of Golaghat Under Section 9 (a), Opium Act (Act I [l] of 1878) and sentenced to rigorous imprisonment for one year. The petitioner's appeal to the Sessions Judge, Upper Assam Districts, against the conviction and sentence was dismissed on 29th January 1949.2. It appears that on 1st November 1947, the house of the petitioner was searched by the Excise Inspector of Golaghat in the presence of certain witnesses. In the course of the search, a cigarette tin containing 2 teals of opium was found lying on a projection (chung) in the living room (maralghar) of the petitioner. Another lot of 32 tolas of opium waa found in a wooden box wrap, ped up in a newspaper and kept under a wooden seat (barpira) in the petitioner's bed-room. Near the wooden box were found a case containing a weighing balance, an eight anna silver coin, a four nana silver coin and 20 rati weights. The...
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Thadani, Ag. C.J.1. [Facts: This was a case of a de. tention Under Section 2 (1)(a), Assam Maintenance of Public Order Act, 1947. The grounds of detention furnished to the detenu were stated in these terms:(a) That you are an active member of the Communist Party of India in Lakhimpur District, the present aim and object of which is anti-Government activity subversive of law and order.(b) That you threatened public peace and tranquillity in Lakhimpur District by urging violent methods specially among the labouring cUeses.(c) That your activities, e, g., speeches at publio meetings and demonstrations etc., are prejudicial to the public safety and the maintenance of public order in Lakhimpur District.(d) That you profess Communist ideology and have actively engaged yourself to put Communist directives into effect for a 'political struggle' by bringing a revolution,2. In holding that the grounds furnished were sufficient to enable the detenu to make a representation to the Provincial Gove...
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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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1. This is an appeal by 5 persons-one Dighola Ahom, Bhanu Ahom, Gopal Ahom, Dehiram Ahom, and Someswar Ahom-who were tried along with 4 others by the learned Sessions Judge, Lower Aasam Division, with the aid of a Jury for oflfonoes under S3. 147, 325 and 366, Penal Code. The jury brought a un-animous verdict of not guilty of any offence against i accused persons, but brought a verdict, of guilty against the 5 appellants Under Section 365, Penal Code., an offence with which they were not oharged, while acquitting them of the charges Under Section 366, Penal Code, and 147, Penal Code, The appellant Bbanu was in addition found guilty Under Section 335, Penal Code, The learned Sessions Judge agreed with the unanimous verdiot of the Jury against the S appellants and sentenced each of them to rigorous imprisonment ' for S years Under Section 365, Penal Code, and further sentenced the appellant Bhanu Under Section 325, Penal Code., to rigorous imprisonment for 6 months, the sentences to run...
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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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