Orissa Court November 1964 Judgments
Budu Gouda and anr. Vs. State
Court: Orissa
Decided on: Nov-16-1964
Reported in: AIR1965Ori170; 1965CriLJ385
Barman, J. 1. The two accused appellants were convicted on a charge of the murder of one Panchu Gouda on the night of Monday July 15, 1963 at village Khutubai, Police Station Kodinga, district Koraput. The deceased and the accused persons were friends. The motive of the murder is suggested to be that the accused Budu Gauda who was a bachelor wanted to marry a girl whom the deceased's father had brought under a proposal for the marriage with his son, the deceased; the accused Boidu Jani is said to have helped his friend accused Budu Gauda in the murder. Both the accused appellants denied the charge of murder; in fact they accused each other of the crime. As the deceased was found missing, his father gave police a missing report on Wednesday July 17, 1963. It was not until Thursday July 18, 1963 that the First Information Report about the crime was lodged by the deceased's father P. W. 1 at the police station which is 4 miles from the place of occurrence. The Police took up the investiga...
Tag this Judgment!The State Vs. Raghunath Sahu
Court: Orissa
Decided on: Nov-12-1964
Reported in: AIR1965Ori124; 1965CriLJ57
ORDERR.L. Narasimham, C.J.1. This is a revision by the State of Orissa against the appellate judgment of the Sessions Judge of Berhampur, setting aside the conviction and sentence passed on the respondent by a First Class Magistrate of Digapahandi for an offence under Sections 47(a) and 47(1) of the Bihar and Orissa Excise Act, on the sole ground that the prosecution was conducted by the very Excise Officer who had investigated the case. The learned Sessions Judge observed that Section 495(4), Crl. P. C. was directly contravened and that consequently the entire trial was vitiated. He, therefore, directed a retrial and observed that the prosecution should be conducted by any other officer, i.e., other than the Excise Officer who investigated the case.2. In view of the recent judgment of the Supreme Court in Raja Ram v. State of Bihar, AIR 1964 SC 828 holding that an Excise Officer functioning under the Bihar and Orissa Excise Act of 1915 is a police officer for the purpose of Section 25...
Tag this Judgment!Bhikarilal Vs. Dibyasingh Brahma and ors.
Court: Orissa
Decided on: Nov-05-1964
Reported in: AIR1965Ori101
ORDERS. Barman, J.1. Plaintiff is the petitioner in this civil revision from an order of the Subordinate Judge of Bhubaneswar whereby he dropped further proceeding in the plaintiff's suit being an application under Section 20 of the Arbitration Act for filing an arbitration agreement in Court.2. Plaintiff and defendants 1 and 2 were partners under a partnership deed, dated September 26, 1949 in which there was an arbitration clause for reference of any dispute between the parties to arbitration. After dispute arose the plaintiff applied under Section 20 of the Arbitration Act numbered O. S. No. 16 of 1960, the opposite party defendants in the suit being defendants 1 and 2 who were duly noticed. Defendants 1 and 2 filed written statement and issues were framed accordingly. The dispute between the parties was referred to three arbitrators to make an award in writing. On July 30, 1962 the arbitrators filed two awards. According to the majority award the plaintiff was to pay certain sum to...
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