Orissa Court November 1964 Judgments
The State Vs. Sk. Korban Khan
Court: Orissa
Decided on: Nov-30-1964
Reported in: AIR1965Ori145; 1965CriLJ232
S. Barman, J. 1. Sk. Korban Khan, originally a resident of Kendrapara, District Cuttack now alleged to be a Pakisthani national was charged for not leaving India as per directions of the State Government. He was proceeded against under the Foreigners' Act and the Rules made thereunder. The sub-divisional Magistrate, Kendrapara acquitted him of the charge on the finding that the accused respondent is an Indian Citizen and also that the case is not maintainable since the Central Government had not declared the accused as a foreigner. 2. On October 1, 1961 the accused entered India under a Pakisthani Passport dated Nov. 21, 1959. By an order made by the State Government be was directed to leave India by September 28, 1962. Subsequently the period was extended till November 15, 1962 but the accused did not leave India. Thereafter Kendrapara Police was directed to proceed against the accused under the Foreigners Act for not having complied with the order and for continuing to stay in India ...
Tag this Judgment!The State Vs. Sk. Usman and anr.
Court: Orissa
Decided on: Nov-28-1964
Reported in: 1965CriLJ569
G.K. Misra, J.1. Nine accused persons stood trial and were acquitted, The appeal has been filed only against Sk. Ushman and Sk. Zamiruddin. Prosecution case is that at about 3 a. m. on 31-8-62 there was a dacoity in the house of Bhikari Jena (P. W. 1). Some of the inmates of the house were tied and assaulted. Ornaments, cloths and other articles were stolen. F. I. R. Ext. 1 was lodged by P. W. 1 at 2 P. M. on the very day. The defence is one of denial.2. The learned Assistant Sessions Judge found that a dacoity was committed in the house of P. W. 1. This finding is not assailed. There is copious evidence in-support of the finding. The ornaments recovered from the Kutabari (straw heap) of Sk. Ushman were found as belonging to the informant's family. He was, however, acquitted on the disbelief of the prosecution story of production of ornaments by him. The production of cloths from the house of Sk. Zamiruddin was also disbelieved.3. We would take up the case of Sk. Zamiruddin first. Clot...
Tag this Judgment!Purna Chandra Das Vs. Chandramani Dibya and ors.
Court: Orissa
Decided on: Nov-26-1964
Reported in: AIR1966Ori98
Das, J.1. This is an appeal by the defendant No. 1 against the judgment and decree passed by the Subordinate Judge, Bhubaneswar, in a suit for partition. The relationship of the parties will appear from the genealogy given below: Banbehari Das Widow-Chandramani Dibya (Plaintiff) Banbehari Das ____________|_____________ | | Purnachandra (D. 1) Brajakishore (D.2)Dinesh - D. 3 is one of the sons of defendant No 1. Banbehari died on 7-8-54, leaving behind his widow the plaintiff, and his sons, defendants 1 and 2. It is the case of the plaintiff that all the suit properties were the self-acquisition of her husband. She herself had acquired some land from out of her own funds and she is in exclusive possession of the said properties. The sons did not take any interest in her affairs. So she was compelled to file the present suit for partition of both immovable and moveable properties of the family claiming one third share therein.2. Defendant No. 1 came forward to oppose the claim of the pla...
Tag this Judgment!State of Orissa Vs. Basudeb Das
Court: Orissa
Decided on: Nov-26-1964
Reported in: 1966CriLJ832
S. Barman, J.1. The accused respondent was acquitted on a charge of wrongful possession of 50 grams of alleged contraband opium near Jharsuguda Railway Station, The ground on which the learned Magistrate acquitted the accused respondent is that the prosecution has not successfully proved the consents of the packet seized (M.O.I) to be opium within the meaning of the Act. In support of the order of acquittal he relied on a decision of the Andhra Pradesh High Court In Re, Ramapuram Ayyanna, : AIR1963AP334 where it was held that a conviction under Section 9(a) of the Opium Act by the Magistrate based solely on his identification of the substance as opium depending on his own observations and sense of smell and without sending it to chemical examiner or calling for an opium expert is illegal since the Magistrate is not competent to decide the composition of morphine or the content if any of the other drug referred to in Section 2 of the Dangerous Drugs Act, 1930.2. Under Section 3 of the O...
Tag this Judgment!Secretary, Market Committee Vs. Jhari Sahu and anr.
Court: Orissa
Decided on: Nov-20-1964
Reported in: AIR1965Ori174; 1965CriLJ388
R.K. Das, J. 1. The Secretary, Market Committee Jatni Railway Fish Market, the complainant in this case, has preferred both these appeals against the orders of the Sessions Judge, Puri, acquitting the accused-respondents and setting aside their conviction and sentence passed by the Sub-Divisional Magistrate, Bhubaneswar.2. Jhari Sahu, respondent in criminal appeal No. 59/64 is the brother of Khetrabasi Sahu, respondent in criminal appeal No. 60/84. It is the prosecution case that each of them carried on business in potato and onion on 20-6-62 in the market area of Jatni without obtaining necessary license from the local market committee and thereby committed an offence under Section 21 (b) of the Orissa Agricultural Produce Market Act, 1956, read with Clause 60 (1) and (7) of the Rules framed thereunder.3. The plea of the accused was that they carried on their business jointly and held a joint licence (Ext. A) for the year 1960-61. In the year 1962 when they asked for the licence the c...
Tag this Judgment!Gopal Sahu Vs. Raju Mishra and ors.
Court: Orissa
Decided on: Nov-20-1964
Reported in: AIR1965Ori212; 1965CriLJ791
R.K. Das, J.1. This is a complainant's appeal against an order dated 13-12-1963 passed by the Magistrate, Puri, acquitting the respondents of an offence under Section 454, Indian Penal Code.2. The Puri Municipality has a number of shop houses in the Municipal Market, Puri, which are let out on monthly rent. The prosecution case is that the complaint (P. W. 1) and his nephew Hadibandhu (P. W. 2) had taken one such house (Room No. 1) in the Municipal Market on a monthly rent of Rs. 25/-. On 7-2-1963 the accused persons who are employees of the Puri Municipality broke open the door of the said shop room, removed the articles therefrom, and made over the room to one Laxman Padhan. On a complaint filed by P. W. 1 the accused persons were duly, summoned to stand their trial on a charge under Section 454, I. P. C. Accused Lokenath Jena is Supervisor, accused Nityananda Singh is a peon and accused Rajkishore Misra is a rent clerk of the Puri Municipality.3. The plea of the accused persons was ...
Tag this Judgment!The State Vs. Satyanarayan Mallik
Court: Orissa
Decided on: Nov-18-1964
Reported in: AIR1965Ori136; 1965CriLJ112
G.K. Misra, J. 1. Respondent Satyanarayan Mallik stood charged under Section 47 (a) read with Sections 55 and 47 (b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P. W. 3 made a search of his house on 27-7-1963, and recovered 22 hemp plants from his court-yard, and one packet of Ganja from under his cot. The accused himself produced 22 other packets of Ganja. The defence was one of denial of the recovery and production. 2. The trial Court on discussion of the evidence recorded two findings, namely (i) the provisions of Section 165, Cr. P. C. were not complied with and that the search was illegal, and (ii) P. Ws. 1 and 2, the search witnesses, could not identify the hemp plants, and that the recovery and production of the hemp plants are not acceptable. On these findings the accused was acquitted. The State has filed the appeal against the order of acquittal. 3. The learned Standing Counsel contended that the view taken by the trial Court was untenable. Trial Court's view...
Tag this Judgment!The State Vs. Ramchandra Bhoi
Court: Orissa
Decided on: Nov-17-1964
Reported in: AIR1965Ori175; 1965CriLJ520
Misra, J.1. Appellant Ramchandra Bhoi has been convicted under Section 302/34 I. P. C. and sentenced to death. He has also been convicted under Section 120B, I. P. C. and Section 25(1)(a) of the Arms Act, 1950 and sentenced to R. I. for five years and 1 year respectively. Though he was convicted under Section 392, I. P. C. no separate sentence has been awarded. Kaliram Agarwalla, Srinivas Khejriwal and Sentha Prasad Pandey were jointly tried with him under different charges.2. Prosecution case may be stated in brief. Sometimes before 21-6-1963 there was a conspiracy to commit dacoity in the house of Narendra Barik amongst the four accused persons, the approver Sompal Sharma (P. W. 15), Ranjit and a Punjabi. The latter two are untraced. Sentha Prasad P. W. 15, Ranjit, Ramchandra and the Punjabi gathered on the road leading from village Topigaon to village Bakatpur with the object of committing dacoity in the house of the deceased Narendra Barik, the Gauntia of the village Bakatpur. They...
Tag this Judgment!State of Orissa Vs. Udaya Padhan and ors.
Court: Orissa
Decided on: Nov-16-1964
Reported in: AIR1965Ori123; 1965CriLJ746
G.K. Misra, J.1. Respondents were charged under Section 819/411, I. P. C. and under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950 (Act LXXIV of 1950) and have been acquitted. Prosecution case is that in the night of 24-11-1961 copper wires measuring 91.44 metres were found missing from the telegraph line in between Raikia and Lokibadi. On information, the houses of the respondents were searched and the copper wires seized. The learned trial Court did not place reliance on the seizure witnesses (P. Ws. 2 and 3) and held that the prosecution could not establish beyond reasonable doubt the recovery of the copper wires from the possession of the accused. The State Government has filed the appeal against the order of acquittal.2. The charge under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950 is not tenable. Section 7(1) lays down that:'No Court shall take cognizance of any offence punishable under this Act, save on complaint made by or under the authori...
Tag this Judgment!Debananda Dora Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Nov-16-1964
Reported in: AIR1965Ori118
Narasimham, C.J.1. This appeal and revision arise out of the appellate judgment of the Subordinate Judge of Sambalpur reversing the judgment of the Munsif of Bargarh and dismissing the plaintiff's suit for compensation. As the appellant petitioner was not sure whether a second appeal would he, he took the additional precaution of filing a civil revision also. Both the appeal and revision are dealt with in this judgment.2. The facts found are these. The appellant delivered a parcel weighing 211/2 tolas containing two gold ornaments at the Sub-Post Office, Bargarh, on 16-6-1958 and insured the same for Rs. 1,000/-. The addressee was one G. Kamayya Dora, village Bhairipuram, P. O. Sompeta in the district of Srikakulam in Andhra State. When it was delivered to the addressee it was noticed that one of the gold ornaments was missing and in the acknowledgment form the weight of the packet was shown only 18 tolas. After some correspondence with the postal authorities and an abortive attempt to...
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