Orissa Court January 1982 Judgments
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State of Orissa and Etc. Vs. Trinath Dash and ors.
Court: Orissa
Decided on: Jan-05-1982
Reported in: 1982CriLJ942
B.K. Behera, J.1. The appellants in Criminal Appeals Nos. 105, 106 and 112 of 1977, who figure as respondents in Government Appeal No. 101 of 1977, while functioning as police personnel attached to the Nuagaon Police Station in the district of Puri, stood charged Under Sections 302, 342, 201, 203, 331 and 323, all read with Section 34 of the Indian Penal Code, for having wrongfully confined Muli Naik (hereinafter referred to as the 'deceased') a resident of village Mahitama, for committing murder of the deceased, causing evidence of the offence of murder to disappear by hanging the dead body of the murdered deceased to a tree in order to screen themselves, from legal punishment, giving false information that the deceased had committed suicide, causing grievous hurt to the deceased for the purpose of extorting from him a confessional statement in a case Under Sections 457 and 380 of the Indian Penal Code (hereinafter called the Code) in which the deceased and Magi Naik (P.W, 5) were the...
Sikhar Behara and ors. Vs. the State
Court: Orissa
Decided on: Jan-05-1982
Reported in: 1982CriLJ1167
P.K. Mohanti, J.1. The appellants, sixteen in number, were jointly tried along with twenty-five others and were variously charged for offences Under Section 302, 302/34. 148, 302/149, 323, 324, 323/149 and 324/149, IPC After trial, the appellants were convicted Under Section 148, 302/149, 323/149 and 324/149, IPC and sentenced to undergo imprisonment for life for the offence Under Section 302/149, IPC No separate sentence was awarded for the other offences,2. The prosecution case runs thus: The accused persons belong to villages Khajuria and Dimirisena and members of the prosecution party belong to village Dimirisena. There was a long standing dispute between the parties regarding possession of the lands belonging to the deity Balunkeswar installed at village Dimirisena. The deity owns 150 acres of lands out of which 100 acres were in possession of the tenants and the remaining 50 acres were being let out for bhag cultivation annually. The prosecution party claims that 40 families belo...
Mangal Hemrum and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-04-1982
Reported in: 53(1982)CLT259; 1982CriLJ687
ORDERR.C. Patnaik, J.1. 'Give me liberty or give me death,' thundered Patrick Henry, more than two hundred years ago, in the Virginia Convention, This eternal aspiration of the soul was enshrined by the Founding Fathers in Article 21 of our Constitution in the following words:No person shall be deprived of his life or personal liberty except according to the procedure established by law,' The cognate provision in Article 22(2) 'Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of '24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without authority of the magistrate' is in furtherence of the same aspiration.Personal liberty, deprived when bail is refused, is too precious a value of our constitutional system recognised under Article 21 of the Constitution that the crucial power ...
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