Orissa Court December 1956 Judgments
Kalu Khan Vs. the State
Court: Orissa
Decided on: Dec-10-1956
Reported in: AIR1957Ori102; 1957CriLJ530
Narasimham, C. J.1. This is an appeal from the judgment of the Additional Sessions Judge, Mayurbhanj Balasore, convicting the appellant under Section 201, I. P. C. and sentencing him to four years R. I.2. The appellant Kalu Khan, who is a resident of village Tikarapara, P.S. Basta, in Balasore District, was tried fur an offence under Section 302, I. P. C. for having murdered his son-in-law, Mahommed Khan, on or about the 18th June 1954. The learned Additional Sessions Judge however thought that the evidence on record was not sufficient to prove the charge of murder and he convicted him of the lesser offence under Section 201, I. P. C., even though no charge under that Section was framed, relying on the well known decision of the Privy Council in Begu v. Emperor, (AIR 1925, PC 130) (A).3. It appears that the appellant and his son-in-law, the deceased Mahommed, Khan, were not pulling on well for some years, chiefly because the appellant would not allow his daughter to join her husband. T...
Tag this Judgment!Dasa Mahanty and anr. Vs. Gadadhar Samal and ors.
Court: Orissa
Decided on: Dec-05-1956
Reported in: AIR1957Ori92; 23(1957)CLT37; 1957CriLJ526
ORDERNarasimham, C.J. 1. This is a revision petition against an order passed by a First Class Magistrate of Kenorapara in a proceeding under Section 145 Cr. P. C. The learned Magistrate after discussing the evidence of possession adduced by bath parties observed that he was inclined to believe that the disputed land was in the possession of the second party (petitioners). But he thought that there was a discrepancy in describing the village, in which the disputed property was situated and moreover there was no evidence at all of a likelihood of breach of peace. He therefore dropped the proceeding and vacated the order of attachment on the 9th May 1956. On the 12th June 1956 he further observed that as the proceeding had been dropped without declaring the possession of either party ha could not, pass any order directing the Police to deliver the attached paddy crops to the petitioner. 2. The learned Magistrate is clearly in error in thinking that once he passes an order dropping the pro...
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