Orissa Court January 1985 Judgments
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Madkami Baja Vs. State
Court: Orissa
Decided on: Jan-31-1985
Reported in: 1985(I)OLR421
B.K. Behera, J.1. The appellant stands convicted under Section 302 of the Indian Penal Code and sentenced thereunder to undergo imprisonment for life having committed the murder of Padiami Ganga (to be described hereinafter as 'the deceased' ) on June 11, 1980 in village Pujariguda in the district of Koraput by shooting the deceased by means of an arrow (M. O. I) when the latter challenged him as to why he had cultivated the land of Padiami Sanu (P. W. 1), his uncle, which had already been redeemed. To bring home the charge, the prosecution had examined nine witnesses of whom P. W. 1 had testified about the dying declaration said to have been made by the deceased naming the appellant as his assailant and P. Ws. 4 and 6 were said to be the witnesses to the occurrence. Of them, P.W. 4 did not support the case of the prosecution and he was put leading questions by it under Section 154 of the Evidence Act. P W. 6 had deposed that he had seen the appellant shooting an 'arrow at the deceased...
K.C. Mohanty Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-30-1985
Reported in: AIR1985Ori149
B.N. Misra, J.1. This application by the petitioner under article 226 of the Constitution of India is directed against the provisional panel dated 24-9-80, Annexure-7 drawn up by the Divisional Personnel Officer, South Eastern Railway, Khurda Road (Opposite Party No. 2) wherein the names of opposite parties 3 and 4 have been included and the name of the petitioner omitted and the office order dated 30-9-80, Ahnexure-8, wherein the promotions of opposite parties 3 and 4 pursuant to Annexure-7 have been regularised by opposite party No. 2.2. In order to appreciate the point involved in this case it will be necessary to state thefacts briefly. The petitioner was selected by the Railway Service Commission and appointed as Assistant Station Master, Gr. III on 12-1-1962. On 15-8-1971 he was promoted as Assistant Transport Inspector in the scale of Rs. 425-640/- and was confirmed as such on 1-1-1973. Opposite party No. 3 who had joined service under the Railways as a Relieving Clerk on 1-5-54...
Kusa Majhi Vs. the State
Court: Orissa
Decided on: Jan-30-1985
Reported in: 1985CriLJ1460
B.K. Behera, J.1. The appellant stands convicted under Section 302 of the Indian Penal Code ('the Code', for short) and sentenced thereunder to undergo imprisonment for life by the trial court after accepting the case of the prosecution that on June 16, 1979, the appellant killed his mother by dealing blows by means of an axe (M. O. I) on her shoulder which caused internal injuries and resulted in her death. It is not necessary for us to go into the facts of the ease in details as at the hearing of this appeal, Mr. Misra, appearing for the appellant, has not assailed the finding that the appellant did assault his mother to death by dealing blows by means of M. O. I and indeed, the finding cannot be assailed in view of the clear, cogent and acceptable evidence of the wife of the appellant examined for the prosecution as P. W. 6 who was a natural and competent witness and had snatched away M.O.I. from the hands of the appellant to prevent further assault and the extra judicial confession...
Mandangi Samburu Vs. State
Court: Orissa
Decided on: Jan-29-1985
Reported in: 1985(I)OLR271
B.K. Behera, J.1. The appellant stands convicted under Section 302 of the Indian Penal Code (for short the 'Code') for having committed the murder of Mandangi Arjun (hereinafter referred to as the 'deceased') on March 8, 1980, in village Lenda in the district of Koraput, by hitting his head by a piece of stone (M. O. II.) and causing injuries which resulted in his death and sentenced to undergo imprisonment for life. The findings recorded by the trial Court that the deceased died a homicidal death and that the appellant had assaulted the deceased on his head by M. O. II, as deposed to by P. W. 2, the sole witness to the occurrence, have not been assailed. Mr. Swamy for the appellant has submitted that the case against the appellant would come under the purview of Section 304 part II of the Code and the sentence passed against him should be reduced to the period already undergone as the appellant has been in custody and has undergone imprisonment for over four and a half years.2. The oc...
Mangal Hansada Vs. the State
Court: Orissa
Decided on: Jan-29-1985
Reported in: 1985CriLJ1589
B.K. Behera, J.1. Poverty in a tribal household has resulted in an unfortunate incident of the eldest of the four brothers killing the youngest brother after a quarrel over two door-leaves on Nov. 20, 1978. The appellant, it was alleged, and his brother Bhima (hereinafter referred to as 'the deceased') had a quarrel on a festive day, when the tribal people were enjoying life after taking Haudia, over the demand of the deceased for the door-leaves. The appellant gave out that the door-leaves would be divided into four pieces so that each of the four brothers would get a share. Spying so, he brought out the two door-leaves (M.O.II and III) and threw them away.The appellant then asked his sister (P.W.2) w bring an axe, but P.W.2 did not comply with this request. The appellant then brought out a sharp cutting instrument described as Kati by P.W.2 and Katuri by the other two eye-witnesses (P.Ws.3 and 4) from inside his house and gave out that he would cut bamboos and prepare the door leaves...
Kondagiri Laitara and Kondagiri Mina Vs. State of Orissa
Court: Orissa
Decided on: Jan-28-1985
Reported in: 1985(I)OLR322
B.K. Behera, J.1. The two appellants stood charged under Section 302 read Section 34 of the Indian Penal Code with having committed the murder of Tadingi Enkana (to be described hereinafter as the deceased) by intentionally causing his death in furtherance of their common intention on April 15, 1979 at village Pudapai in the district of Koraput. The prosecution had alleged that P W. 2 and his father had performed a Puja in a hill and had sacrificed a goat and distributed meat to the villagers including the two appellants who took exception as they had not been pulling on well with the other side. The appellant Mina returned the meat to P. W. 2 while P. W. 2, his father and the deceased were present in the house. P. W. 2 and the deceased the went to the house of the appellants and challenged them as to why meat was returned. At this, the appellant Laitara came out of his house with a Tangia (M. O. I) and dealt a blow by its blunt side on the chest of the deceased as a result of which th...
Kondagiri Laltara and anr. Vs. the State
Court: Orissa
Decided on: Jan-28-1985
Reported in: 1985CriLJ1611
B.K. Behera, J.1. The two appellants stood charged under Section 302 read with Section 34 of the I.P.C. with having committed the murder of Tadingi Enkana (to be described hereinafter as 'the deceased') by intentionally causing his death in furtherance of their common intention on April 15, 1979 at village Pudapai in the district of Koraput. The prosecution had alleged that P.W.2 and his father had performed a Puja in a hill and had sacrificed a goat and distributed meat to the villagers including the two appellants who took exception as they had not been pulling on well with the other side. The appellant Mina returned the meat to P.W.2 while P.W.2, his father and the deceased were present in the house. P.W.2 and the deceased then went to the house of the appellants and challenged them as to why meat was returned. At this, the appellant Laltara came out of his house with a Tangia (M.O.I.) and dealt a blow by its blunt side on the chest of the deceased as a result of which the latter fe...
Gobind Chandra Mohapatra and ors. Vs. Haribandhu Mohapatra and ors.
Court: Orissa
Decided on: Jan-22-1985
Reported in: 1985(I)OLR244
K.P. Mohapatra, J.1. This appeal is directed against the judgment passed by the learned Sessions Judge, Balasore reversing the order of conviction passed by the learned Judicial Magistrate, Balasore and acquitting the respondents of charges under Section 147, 323/149 and 325 I. P. C. The complainants are the appellants. 2. The appellants are the respondents (accused) belonged to the same village and some of them are interrelated. According to the prosecution case, there were land disputes between the parties culminating in suits in Civil Courts and thus they were in inimical terms. On the date of occurrence, namely, 10.12.1972 at about 5 p. m., the respondents assaulted the appellants and their other relations who came to their rescue by means of first blows, lathis and Katari in open paddy fields, as a result of which, each of them sustained simple and grievous injuries. One of the brothers of the appellants lodged the F. I. R. at the Balasore Police Station on the next day but, as th...
Bhabagrahi Alias Bhaba Mohanty Vs. State
Court: Orissa
Decided on: Jan-18-1985
Reported in: 1985(I)OLR137
B.K. Behera, J.1. The Criminal Appeal and the Government Appeal arising cut of the same judgment and order have been heard together and will be governed by this common judgment.2. The convicted prisoner Bhabagrahi Mohanty has appealed against the order of conviction passed against him by the Court of trial under Section 302 of the Indian Penal Code (for short, the Code') sentencing him to undergo imprisonment for life and the State is in appeal against the order of acquittal recorded in respect of the co-accused Sudani alias Bahaji Pradhan The two accused persons stood charged under Section 302 read with Section 34 of the Code, with having committed the murder of Muralidhar Sahu (to be described hereinafter as 'the deceased') in furtherance of their common intention by assaulting the deceased on his head with lathis some time before the evening of September 7, 1980, at Kurtang in the district of Cuttack and the reason for this was said to be a sudden quarrel between the deceased on the...
Manju Alias Mohan Das Vs. State
Court: Orissa
Decided on: Jan-18-1985
Reported in: 1985(I)OLR194
B.K. Behera, J.1. The appellant, it was alleged, committed the murder of Ghana Behera (hereinafter referred to as 'the deceased') during the night of the 5th/6th June, 1980 near village Talabeda in the district of Dhenkanal by means of a Katari (M. O. I.) belonging to the appellant because some time prior to this occurrence, the deceased had, in a state of drunkenness, quarrelled with the appellant and had hit his head by a bottle which broke into pieces causing a bleeding injury on the person of the appellant as noticed by the doctor (P. W. 1) for which the appellant had kept a grudge and had threatened to see the deceased whereafter in the following morning, the dead body of the murdered deceased was seen by the side of the road with M. O. I and its handle (M. O. II) lying near that spot with a banian (M. O. III) stained with blood said to be belonging to the appellant kept in a bush nearby. To bring home the charge under Section, 302 of the Indian Penal Code, the prosecution had exa...
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