Orissa Court August 1967 Judgments
State Vs. Pareswar Ghasi
Court: Orissa
Decided on: Aug-24-1967
Reported in: AIR1968Ori20; 33(1967)CLT1193; 1968CriLJ201
G.K. Misra, J.1. Respondent Pares-war Ghasi stood charged under Sections 395 and 412, I.P.C. and was acquitted. The appeal is against the order of acquittal.2. Prosecution case may be stated in brief. A dacoity was committed in the house of informant Antarjyami Misra (P. W. 1) at about 11 p.m. on 20-11-60 in village Ghungi in the district of Bolangir. F.I.R. (Ex. 1) was lodged on the next day at 7 p.m. Some of the orgnaments stolen from the house were referred to by descriptions in the F. I. R. Cash and other articles removed by dacoity were also mentioned in the FI.R. In course of investigation of Gaisilet P. S, case No. 2 of 1961 under Section 395, I. P. C.. the accused was arrested on 24-7-61. While in police custody the respondent gave information that he had concealed certain stolen ornaments in the wall of his house. In consequence thereof many gold ornaments were recovered from a hole in the wall of one of the rooms of the accused as pointed out by him on 26-7-61. The mouth of t...
Tag this Judgment!G. Gurumurty Vs. State
Court: Orissa
Decided on: Aug-24-1967
Reported in: AIR1968Ori72; 33(1967)CLT1128; 1968CriLJ533
ORDERG.K. Misra, J.1. The petitioner has been convicted under Section 7 of the Essential Commodities Act 1955 (No. X of 1955) (hereinafter referred to as the Act) and sentenced to pay a fine of Rs. 500/- in default to undergo S. I. for two months. The seized rice was directed to be confiscated to the State.2. Prosecution case is that P. W. ft the Officer in-charge, G. R. P. posted at Berhampur had information that rice was being smuggled to Andhra Pradesh from Khurda Road. He accordingly deputed the A.S.I. (P. W. 3) for keeping watch at Khurda Road Station. On 18th of January, 1966, at 3 A. M. Madras Mail bound towards Andhra Pradesh reached Khurda Road. P. W. 3 noticed that the accused, driver of the mail train, was keeping three bags of rice in the rear engine of the train. The train had two engines. P W. 3 boarded the train. When the train halted at Berhampur at about 7-30 a.m., he informed the matter to P. W. 3. Three bags containing 128 KGs. of rice were seized from the rear engin...
Tag this Judgment!Budhiram Khatua Vs. Anima Bose and anr.
Court: Orissa
Decided on: Aug-22-1967
Reported in: AIR1968Ori165; 33(1967)CLT1001; 1968CriLJ1188
ORDERG.K. Misra, J.1. Opposite Party-1 the Headmistress of the Udala Girls High School where the petitioner was the night watchman. Opposite Party-2 is the A. S. I. Police at Udala. The petitioner filed a complaint on the following allegations. In the morning of 24-2-66 Opp. Party-1 sent him to the police station to lodge an information that a purse containing Rs. 26/- had been stolen from her residential quarters in the previous nightThe sub-Inspector of Police deputed Opp. Party-2 for inquiry After some conversation with the Headmistress, the house of the complainant was searched. Thereafter at the instigation of the Headmistress the A S I. assaulted him with shoes and a split bamboo to extrot a confession from him that he committed theft. It was also alleged that the A. S I. pricked a pin into his right finger causing a bleeding injury. He became unconscious and regained his senses at about evening. He was treated in the hospital as an indoor patient for about ten days The complaint...
Tag this Judgment!Arundhati Keutuni and anr. Vs. the State
Court: Orissa
Decided on: Aug-18-1967
Reported in: 34(1968)CLT60; 1968CriLJ848
G.K. Misra, J.1. Arundhati has been convicted under Section 302, Penal Code and Maharagu Keut under Sections 302/109, Penal Code. Each one of them has been sentenced to R.I. for life.2. Arundhati is the widow of deceased Nisakar Naik. Two days prior to the date of occurrence (3.6.1964) Nisakar and Arundhati shifted to one of the rooms of Narayan Banabada (P.W. 18). In the evening of that day Nisakar complained of colic pain. Arundhati mixed Gur and some powder with water and gave it to her husband as medicine. On taking it Nisakar felt a bitter taste. Arundhati gave him some Maduhi (fried, rice). He had also burning sensation and his tongue and throat were dried up. These are all symptoms of poisoning. He went to the village tank for bath. As he could not come back, P. Ws. 1 and 2 carried him to his house and placed him on a cot, He vomited. The deceased told P. Ws, 1, 2, 9 and 18 that he had burning sensation after taking the medicine given by his wife. Boon after he died. On post mor...
Tag this Judgment!Nandkishore Panigrahi Vs. Mayadhar Nayak and ors.
Court: Orissa
Decided on: Aug-08-1967
Reported in: AIR1968Ori33; 1968CriLJ333
ORDERG.K. Misra, J.1. An F.I.R. was lodged to the effect that at midnight on 13th of July, 1964 about eighty persons including the accused (opp. parties) came to the Khamar house of Nanda Kishore Panigrahi (petitioner) and dealt heavy blows on the door of his house. P.W. 2, brother of the petitioner and P. W. 3, his cook were sleeping inside. They refused to open the door. The accused removed the door leaves with crow bars and threatened to assault P. Ws. 2 and 3. The miscreants entered the house, dragged P. W. 3 out of the house and drove out P. W 2. They removed 657 pitchers of molasses and other articles from the house. Thus an offence under Section 395 I. P. C. was made out.After investigation, police submitted a final report stating that though the case was true, the evidence was insufficient. The petitioner filed a protest petition before the Judicial Magistrate, Banki with a prayer that the police should be called upon to submit a charge sheet under Sections 380/457 I. P. C. On ...
Tag this Judgment!Subal Sahu and ors. Vs. State
Court: Orissa
Decided on: Aug-08-1967
Reported in: AIR1967Ori198; 34(1968)CLT118; 1967CriLJ1672
G.K. Misra, J. 1. I Petitioners are members of the second party. Opposite parties 2 to 6 are members of the first party. The case of the first party members is that in village Baku Jainebad, there is a tank on plot No. 139 in Khata No. 116 with an area of 0.73 acre recorded as 'Anabadi' They claim eight annas interest in the tank and title in it on the basis of a settlement by the Anchal The petitioners assert that the tank belonged to the villagers and that they had right of user of water and fishery The learned Magistrate started a proceeding under Section 107 Cr. P. C. (hereinafter referred to as the Code) against the petitioners and not against the members of the first party. He also passed an order under Section 117(3) of the Code calling upon the petitioners to furnish interim bond. Against this order, the revision has been filed. 2. Mr. Misra raised two contentions: (1) In the facts and circumstances of this case, a proceeding under Section 147 only and not one under Section 107...
Tag this Judgment!Gour Chandra Gouda and anr. Vs. the State
Court: Orissa
Decided on: Aug-07-1967
Reported in: AIR1968Ori67; 33(1967)CLT936; 1968CriLJ528
ORDERR.K. Das, J.1. The petitioner Goura Chandra Gouda is the driver and the other petitioner Banka Jena is the cleaner of a truck, ORG 1387 owned by one A. B. Patnaik of Berhampur, District Ganjam.2. The prosecution case is that the petitioners and one Seetaram Jajodia (since acquitted) were found in possession of 56 bass of wheat weighing 44.50 quintals, at about 9 p.m. on 15-12-64 at the Malgodown, Cuttack. The stock was found loaded in the said truck. As they had no licence as required under Clause 3(1) of the Orissa Food Grains Dealer's Licensing Order. 1964. (hereinafter described as the 'Licensing Order',) they were prosecuted under Section 7 of the Essential Commodities Act, 1955, (hereinafter referred to as 'the Act').3. The plea of the present petitioners was that they were mere employees working in the said vehicle. It was the other accused Seetaram Jajodia who had taken the vehicle on hire for the carriage of the bags to Berhampur. They were not aware of the contents of the...
Tag this Judgment!Thukuda Khadia and anr. Vs. the State
Court: Orissa
Decided on: Aug-02-1967
Reported in: AIR1968Ori107; 1968CriLJ767
Barman, C.J. 1. The two accused appellants Thukuda Khudia and Solomen Munda were convicted on a charge of murdering a number of Muslims during the communal disturbance that took place in March 1964 in Sundargarh district and sentenced to imprisonment for life by the Additional Sessions Judge, Sambalpur-Sunda garh Along with them 20 others were also charged and they were acquitted. 2. On March 25, 1964, at about 4 P M. at village Kamakalli near Champajharan R. S. 4 miles from Banki P S. of Sundargarh District there were communal disturbances, In the course of which some members of the Muslim community are stated to have been killed by a mob which included the two accused-appellants. It is said that they had killed 5 Muslims on a paddy field nearabout the village. The following day, namely, March 26, 1964, P. W. 12 Prahlad Harijan a Police Constable filed at the Banki Police Station 3 First Information Report which was recorded by the Officer-in-charge Investigation was taken up by the o...
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