Orissa Court February 1985 Judgments
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Ajodhya Prasad Misra Vs. the State of Orissa
Court: Orissa
Decided on: Feb-13-1985
Reported in: 1985(I)OLR326
K.P. Mohapatra, J.1. The appellants in both the appeals were convicted by the learned Special Judge, Sambalpur for offence under Section 5(2) read with Section 5(1)(c) of the Prevention of Corruption Act, 1947 (for short, the 'Act'), under Section 467A and 120B, I. P. C. and were sentenced to various terms of imprisonment and fines. Since both appeals arise cut of a common judgment, they were heard analogously and this judgment will govern both.His Lordship after narrating the facts observed.2. The appellants denied the charges. The learned Special Judge on consideration of the evidence adduced by the prosecution found the charges established and, therefore, convicted and sentenced the appellants as referred to above.3. Mr. P. K. Misra, learned counsel urged that there was no evidence of entrustment of cash to appellant Ajodhya and that he misappropriated the same in any manner. Assuming, the cash book wa3 improperly maintained by making double entries showing disbursements, yet, in th...
Sukri Janiani Vs. the State
Court: Orissa
Decided on: Feb-13-1985
Reported in: 1985(I)OLR395
B.K. Behera J.1. The appellant, a tribal lady from the district of Koraput, stands convicted under Section 302 of the Indian Penal Code (for short, 'the Code') for having committed the murder of her husband Sukri Jani ( to be referred to herainafter as 'the deceased')at about 12 noon on May 10, 1930 by first hitting him by means of a crow-bar (M. O. I) and then by giving several blows by means of a stone (M. O. III) resulting in his death. The appellant, it was alleged, told her son (P. W. 6) that the deceased had committed suicide and receiving this information, P. W. 6 called out the villagers before whom the appellant also gave out that the deceased had committed suicide. A part of the dead body was hanging and a rope had been fixed to the roof. The body had been covered by a piece of cloth. P. W. 1 lodged a report in this regard before P. W. 10, the Assistant Sub-Inspector of Police attached to Jhorigam Police Station, who made a station diary entry (Ext. 3) and registered an Unnat...
Ajodhya Prasad Misra and Etc. Vs. State of Orissa
Court: Orissa
Decided on: Feb-13-1985
Reported in: 1985CriLJ1401
K.P. Mohapatra, J.1. The appellants in both the appeals were convicted by the learned (contd. on col. 2) 'Receipt Special Judge, Sambalpur for offences under Section 5(2) read with Section 5(1)(c) of the Prevention of Corruption Act, 1947 (for short, the 'Act'), under Sections 467, 477A and 120B, I.P.C. and were sentenced to various terms of imprisonment and fines. Since both appeals arise out of a common judgment, they were heard analogously and this judgment will govern both.2. The prosecution case shorn up necessary details may be stated in brief. Appellant Balaram was the Cashier-cum-Accountant and appellant Ajodhya was the Head Cleark of the District Veterinary Officer, Bolangir when S. P. Dwary was the District Veterinary Officer. Appellant Balaram was in charge of maintenance of cash accounts and cash book and various transactions relating to cash such as receipt, disbursement and the like. At the end of each day, he was placing the cash book with detailed accounts of receipts a...
Bata Munda Vs. the State
Court: Orissa
Decided on: Feb-12-1985
Reported in: 1985(I)OLR332
B.K. Behera, J.1. We have been called upon to judge the correctness of the order of conviction and sentenced recorded against the appellant finding him to be guilty of the charge of double murder of two persons, namely, Murgi Munda and his wife Pala Dei (hereinafter described as 'the deceased persons'), on May 5, 1980, at Budhikud in the District of Keonjhar and sentencing him thereunder to undergo imprisonment for life.2. The appellant, it was alleged, had previously been convicted for having caused grievous hurt to the deceased Murgi by means of an arrow and had been admonished. The deceased Murgi and the appellant had also some dispute over the possession of a land, as the prosecution sought to show, but of this there was no cleat and cogent evidence. No materials had been placed by the prosecution which could constitute any motive on the part of the appellant to commit the murder of the deceased Murgi and his wife. There was no direct evidence of any witness of having seen the comm...
Pradipta Kumar Mishra Vs. District Magistrate and anr.
Court: Orissa
Decided on: Feb-11-1985
Reported in: 1985(I)OLR241
K.P. Mohapatra, J.1. This application under Article 226 of the Constitution of India has been filed by the brother of the detenu Pradyumna Kumar Mishra with a prayer that a writ of habeas corpus be issued against the State of Orissa in as much as the detention of the detenu in exercise of the powers conferred under Section 3(2) of the National Security Act (hereinafter called the 'Act') was not in accordance with law. 2. The only point that has been raised before us by Mr. Mund, learned counsel, appearing on behalf of the petitioner, is that the representation made by the detenu against his detention to the State Government was not disposed of within a reasonable time and the inordinate unexplained delay would vitiate the order.3. In order to decide the question raised reference may be made to certain admitted facts. The District Magistrate, Puri by order dated 12. 8. 1984 being satisfied that it was necessary to detain the detenu with a view to preventing him from acting in any manner...
Dr. Radhanath Rath and ors. Vs. Balakrishna Swain
Court: Orissa
Decided on: Feb-11-1985
Reported in: 1985CriLJ735
ORDERB.K. Behera, J.1. The petitioners invoke the inherent jurisdiction of this Court Under Section 482 of the Code of Criminal Procedure (for short, 'the Code') to quash the order passed by the learned Sub Divisional Judicial Magistrate, Khurda, taking cognisance of the offences punishable Under Sections 500 and 301 of the Indian Penal Code on a petition of complaint made by the opposite party, a Junior Engineer, Roads and Buildings, Khurda Division, in the district of Purj. An interim order of stay of further proceeding was passed by this Court on October 19, 1984 and notice was issued to the opposite party on the questions of admission and stay.2. Having heard Mr. P. Palit for the petitioners and Mr. B.M. Patnaik for the opposite party and having perused the record of the Court of the learned Sub Divisional Judicial Magistrate, I do not find any prima facie case for interference at this stage by this Court under its inherent jurisdiction and in my view, there is no case for admissio...
Golak Behari Sahu Vs. State of Orissa
Court: Orissa
Decided on: Feb-11-1985
Reported in: 1985CriLJ1846
ORDERB.K. Behera, J.1. A dealer in Kerosene oil under the Kerosene Control Order at Rairakhol having the shop 'Sahu Stores', the petitioner, it was alleged, had not declared the correct stock position of Kerosene oil in the price and stock declaration board required to be maintained under Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (for short, 'the Order of 1973') and had not displayed in a special board the varieties of Kerosene and their prices as required under Clause 4 of the Kerosene (Fixation of Ceiling Prices) Order, 1970 (for short, the Order of 1970') on Dec. 28, 1979, which was detected by the Inspector of Vigilance (P.W.5) in the presence of the Inspector of Commercial Taxes, Vigilance (P.W.4) and another person (P.W.3) at 1.00 p.m. on the day. The petitioner had denied the charges.2. Of the five witnesses examined for the prosecution, P.Ws.1 and 2 had not said anything about the non-maintenance of the stock board and the spec...
Bidyadhar Mohanta and ors. Etc. Vs. State of Orissa and Etc.
Court: Orissa
Decided on: Feb-11-1985
Reported in: 1985CriLJ1853
K.P. Mohapatra, J.1. These two appeals arise out of the same judgment passed by the learned Sessions Judge, Mayurbhanj. They were heard analogously and this common judgment will govern both.2. The appellants in Criminal Appeal No. 126 of 1981 and the respondents in Government Appeal No. 2 of 1982 were tried for having committed offences under Sections 148, 302 read with Sections 149 and 323 read with Section 149 I. P. C. for the murder of Ashutosh Mohanta (Deceased) at about 7 a. m. on 27-11-1979. While the appellants in Criminal Appeal No. 126 of 1981 were convicted under Section 302/34 I. P. C. and sentenced to imprisonment for life, the respondents in Government Appeal No. 2 of 1982 were found not guilty and acquitted by the learned Sessions Judge.3. The prosecution case may be stated in brief. The deceased purchased a piece of agricultural land from one Satrughna Mohanta, son of the recorded tenant Milu Mohanta about three years prior to the occurrence. Purna Chandra Mohanta, one o...
Upendra Prasad Das Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Feb-08-1985
Reported in: 1985(I)OLR473
B.N. Misra, J.1. This writ application arises in the following circumstances. The petitioner was appointed as Junior Translation Assistant on 20.11. 68, vide Annexure 1 (i). On 9. 3. 71 he was promoted as Senior Translation Assistant, vide Annexure 2. His next promotion was to the post of Additional Production Officer on ad-hoc basis with effect from 8. 6. 73. He received further extensions of his ad-hoc appointment till the last renewal for six months on 10. 8. 77, vide Annexure 4. In the meanwhile under the proviso to Art. 309 of the Constitution of India the Governer of Orissa framed the Orissa Information Service Rules, 1973 (hereafter referred to as the 'Rules') which came into force on 10.7.73 regulating the recruitment and appointment to the Orissa Information Service. On 10.11.74 opposite party No. 1 forwarded the names of fifty officers including the petitioner to the Public Service Commission for consultation, but against the petitioner's name it was noted that he was not eli...
Kartika Chandra Das and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-07-1985
Reported in: 1987CriLJ136
ORDERB.N. Misra, J.1. This revision is directed against the order dt. 27-10-1984 passed by the learned Sessions Judge, Puri in Criminal Revision No. 145 of 1984.2. The facts may be briefly stated. The two petitioners are accused of offences Under Sections 31, 32, 51 and 52 of the Wild Life (Protection) Act, 1972 and Under Section 27 of the Arms Act, 1959 and facing trial in 2(b) C.C. No. 2 of J984 pending in the file of the learned S.D.J.M., Bhubaneswar. According to the prosecution, the two petitioners were found inside the Nandankanan sanctuary area with two guns on the night of 29-4-84. The two guns carried by them were seized from them. Thereafter prosecution report was filed against them and they were summoned to stand trial. In the trial Court the petitioners filed an application for release of the guns under their zima-name. The learned Magistrate directed release of the guns in favour of the petitioners upon execution of the bonds by each one of them and subject to the conditio...
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