Orissa Court July 1977 Judgments
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State of Orissa Vs. Ghenu Harijan
Court: Orissa
Decided on: Jul-05-1977
Reported in: 44(1977)CLT267; 1978CriLJ262
N.K. Das, J.1. This appeal is directed against acquittal of the respondent who was charged Under Section 302, IPC for committing murder of his brother Ghudka Harijan of village Niohemaska on 19-1-1973 under Thumul-Rampur P. S. in Kalahandi District.2. Prosecution case is that the deceased and the accused were brothers and they had some difference about shares in the landed property. In the evening of the date of occurrence, there was some altercation 'between them and in course of the quarrel, the respondent challenged the deceased for a trial of strength. When the deceased proceeded to the house of the respondent with a lathi (M.O.I.) to meet the challenge, the respondent dealt a tangi blow on the head of the deceased, in consequence of which the deceased sustained a bleeding injury on his head and was carried to a primary health centre, but he expired on the way while he was being carried to Bhawanipatna Hospital for treatment. P. W. 1, son of the deceased, lodged F. I. R. (Ext. 1). ...
Uchhaba Jena and ors. Vs. Kunjabehari Rautary and anr.
Court: Orissa
Decided on: Jul-05-1977
Reported in: 44(1977)CLT381; 1978CriLJ124
R.N. Misra, J.1. On 17-9-1974, an application was made by Kunjabehari Rautray (opposite party No. 1) for initiation of a proceeding Under Section 107 of the Cr.PC and the learned Magistrate sent the application to the Officer-in-charge of the Nimapara police Station for a report-On 24-9-1974, the Police recommended initiation of a proceeding and suggested that interim bonds may be taken Under Section 116(3) of the Code. On 12-2-1975, a proceeding Under Section 107 of the Code was initiated and members of the second party were noticed to appear. On 30th of August, 1975, members of the second party contended before the learned Magistrate that as the proceeding could not be completed within six months from initiation of the inquiry as required Under Section 116(6) of the Code, the same should stand terminated. The learned Magistrate dropped the proceeding on the sole ground that the inquiry Under Section 107 had been instituted on 12-2-1975 and though more than six months had elapsed sinc...
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