Gauhati High Court Weekly Round-Up: July 31 - August 06

NOMINAL INDEX [Citations 2023 LiveLaw (Gau) 74-79]

1. Lena Basumatary @ Lena Gayari v. The State of Assam & Anr. 2023 LiveLaw (Gau) 74
2. Sabina Ahmed & 225 Ors. v. The Director General & 5 Ors. 2023 LiveLaw (Gau) 75
3. B v. The State of Assam 2023 LiveLaw (Gau) 76
4. Kalyan Barman v. The State of Assam & Anr. 2023 LiveLaw (Gau) 77
5. Assam Power Distribution Company Ltd. v. Prafulla Brahma and 3 Ors. 2023 LiveLaw (Gau) 78
6. The State of Assam & Anr. v. Abdul Khaleque & Dr. Himanta Biswa Sarma 2023 LiveLaw (Gau) 79

Reports

Gauhati High Court Sets Aside Murder Conviction In 2009 Case As Post Mortem Report Not Proved Through 'Competent Person Of Medical Science'

Case Title: Lena Basumatary @ Lena Gayari v. The State of Assam & Anr.

Citation: 2023 LiveLaw (Gau) 74

The Gauhati High Court has set aside the murder conviction in a case dating back to 2009 on the ground that the prosecution did not examine any competent person of medical science with regard to the post-mortem report which was found admissible under Section 32(2) of Indian Evidence Act by the trial court.

The division bench of Justice Lanusungkum Jamir and Justice Malasri Nandi said the Ward Master of RNB Civil Hospital, Kokrajhar, who proved the handwriting and signature of the doctor who had conducted the post mortem, "is not a doctor or expert nor there is any evidence that he was present at the time of postmortem". The doctor himself had not been examined.

Gauhati High Court Quashes ICAR Order Stopping Payment Of Additional Allowances To KVK Employees Under Assam Agricultural University

Case Title: Sabina Ahmed & 225 Ors. v. The Director General & 5 Ors.

Citation: 2023 LiveLaw (Gau) 75

The Gauhati High Court recently quashed an order issued by Indian Council of Agricultural Research (ICAR) for suspending the payment of Non-Practicing Allowance (NPA), Special Duty Allowance (SDA), Special Compensatory Allowance (SPA) and travelling Allowance (TA) earlier paid to the employees of the Krishi Vigyan Kendras (KVKs) under the aegis of the Assam Agricultural University Jorhat from the ICAR funds

The single judge bench of Justice Suman Shyam observed that the impugned order dated May 02, 2022, issued by the ICAR was based on wholly extraneous consideration and therefore, the same cannot sustain the scrutiny of law.

‘No Corroboration To Evidence Of Child Witness, No Medical Evidence On Record’: Gauhati High Court Sets Aside POCSO Conviction

Case Title: B v. The State of Assam

Citation: 2023 LiveLaw (Gau) 76

The Gauhati High Court recently set aside the conviction in a 2014 POCSO case where a maternal uncle of the victim was accused of penetrative sexual assault. The trial court in December 2018 had sentenced the convict to imprisonment of seven years.

Justice Malasri Nandi said the mother of the victim lodged the FIR and deposed before the court, on information allegedly given by the victim girl and there was no other prosecution witness who could support the statement of the child witness.

Gauhati High Court Sets Aside Conviction Of Man Accused Of Murdering His Wife In 2010

Case Title: Kalyan Barman v. The State of Assam & Anr

Citation: 2023 LiveLaw (Gau) 77

The Gauhati High Court set aside the conviction of a man in a case under Section 302 and 498A of IPC and granted benefit of doubt to him. The accused was alleged to have murdered his wife.

The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi passed the verdict in a case dating back to 2010. The appeal was filed by the convict in 2019.

In 1999 Bus Electrocution Case, Gauhati High Court Orders Motor Accident Claims Tribunal To Pass Fresh Judgment After Hearing Power Company

Case Title: Assam Power Distribution Company Ltd. v. Prafulla Brahma and 3 Ors

Citation: 2023 LiveLaw (Gau) 78

The Gauhati High Court recently set aside the Motor Accident Claims Tribunal, Kamrup's order directing Assam Power Distribution Company Limited (APDCL) to pay compensation to a person who got injured due to electrocution of a bus in which he was travelling.

The single judge bench of Justice Parthiv Jyoti Saikia noted that no notice was issued to APDCL and without hearing it, the Tribunal directed payment of compensation. "This Court is of the opinion that this act on the part of the Tribunal is against the values of the natural justice,” the bench said.

Gauhati High Court Sets Aside Lower Court Order Directing Police To Register FIR Against CM Himanta Biswa For 'Inflammatory Speech'

Case Title: The State of Assam & Anr. v. Abdul Khaleque & Dr. Himanta Biswa Sarma

Citation: 2023 LiveLaw (Gau) 79

The Gauhati High Court set aside a Magistrate Court's order directing Assam Police to register a case under Sections 153 and 153A of IPC against the incumbent Chief Minister, Himanta Biswa Sarma, on the basis of a complaint made by Congress MP Abdul Khaleque, alleging that the Sarma has made communally motivated statements in December, 2021 at Marigaon.

The Single bench of Justice Ajit Borthakur observed that the whole text of the speech in question did not bear any word or sentence which can be termed as communally inflammatory speech attracting any penal cognizable offence.