Orissa Court October 1983 Judgments
State of Orissa Vs. Chakrapani Prusti
Court: Orissa
Decided on: Oct-04-1983
Reported in: 56(1983)CLT457; 1984(I)OLR38
B.K. Behera, J.1. Upon hearing the learned counsel for both the sides., I find no case for interference with the impugned judgement and order of acquittal recorded by the trial court holding the respondent to be not guilty of the charge under section 7 of the Essential Commodities Act read with Clauses 3 and 14 (1) of the Orissa Cement Control Order, 1976 wrongly mentioned in the first information report, charge und judgment as sections 3 and 14 (a) of the Cement Control Order as an order would contain clauses and not satutory sections for carrying on business in cement without a licence and acquiring and holding a stock of 283 bags of cement without being a stockist. It had not been established by the prosecution that the godown in which cement had been stocked belonged to the respondent, as rightly held by the trial court with reference to the evidence and it justifiably accepted the defence version that the respondent had not been dealing in this commodity.2. The appellate Court, wh...
Tag this Judgment!Abhimanyu Alias Abina Das and anr. Vs. State of Orissa
Court: Orissa
Decided on: Oct-04-1983
Reported in: 57(1984)CLT27; 1984(I)OLR51
B.K. Behera, J.1. Upon hearing Mr. Mund, the learned counsel for the petitioners and Mr. Das, the learned Additional Standing Counsel, I find that the order of conviction recorded by the trial court and maintained by the learned Second Additional Sessions Judge cannot be sustained. The two petitioners stood charged under section 394 of the Indian Penal Code for having committed robbery in a Math house of which P. W. 4, the sister of the first-informant (P. W. 1), was the occupant, during the night of the 23rd/24th May, 1978, in the course of which, they had assaulted P. W. 3, the son of P. W. 1, who was then staying in that house and P. W. 4 and removed valuable articles. Of the nine witnesses examined for the prosecution P. Ws. 2 to 5 had figured as witnesses to the occurrence. P. Ws. 2 and 5 was the field servants of P. W. 4. After receiving information about the occurrence, P. W. 1 visited the Village of P. W. 4 on the day following, took steps for the madical treatment of his siste...
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