Orissa Court April 1985 Judgments
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State of Orissa Vs. Raisingh Naik and Two ors.
Court: Orissa
Decided on: Apr-04-1985
Reported in: 1985(II)OLR17
B.K. Behera, J.1. The three respondents stood charged under Sec. 302 read with Sec. 34 of the Indian Penal Code ( for short, the 'Code' ) with having committed the murder of Trilochan Naik (to be described hereinafter as 'the decessed') by assaulting him to death by means of an axe and lathis is furtherance of their common intention on May 26, 1978, at Chinger Bandha in the district of Kalahandi and under Sec. 323 of the Code for voluntarily causing hurt to Kumar Naik ( P. W. 1 ), the brother of the deceased. The prosecution had presented a case that owing to previous land dispute between the parties, the three-respondents, being armed, attacked the deceased and P. W, 1 when the latter enquired from the respondents as to why they had ploughed the land belonging to the deceased's party.2. It is not disputed at the Bar that the deceased had died a homicidal death and that P. W. 1 had sustained an injury on his person. The respondents had taken the specific pleas of right of private' defe...
Harulal Dasgupta Vs. Smt. Saudamini Misra
Court: Orissa
Decided on: Apr-02-1985
Reported in: AIR1985Ori239
D.P. Mohapatra, J.1. The short question involved in this appeal is whether the custody of the minor boy Sanjeeb Kumar Dasgupta should continue with his mother Smt. Saudamini Misra, the respondent till the disposal of the proceeding in the Court below or the status quo should be disturbed and custody should be restored to his father Manila I Dasgupta, the appellant.The appeal under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act') is directed against the order dt. 25-11-1983 by the Subordinate Judge, First Court, Cuttack in O. S. No. 32/82 directing that Sanjeeb Kumar shall remain in custody and care of the respondent till the final disposal of the divorce proceeding. The proceeding before the lower Court was initiated on a petition filed by the respondent under Sections 13 and 26 of the Hindu Marriage Act seeking a decree of divorce under Section 13(1)(ia) of the Act severing the marriage tie between the parties and for a further direction that custody of the minor, Sanj...
The State Vs. Sankar Naik
Court: Orissa
Decided on: Apr-02-1985
Reported in: 1985(II)OLR93
S.C. Mohapatra, J.1. In this appeal under Section 378, Code of Criminal Procedure, the State Government has challenged the acquittal of the respondent from a charge under Section 304, I. P. C. The learned Asst. Sessions Judge has convicted the respondent under Section 323, I. P, G and sentenced him to undergo R. I. for nine months.2. Prosecution case, in short, is that in the evening of 23.7.1979, the respondent abused his mother and when protested by the deceased, the respondent dealt two lathi blows on his head which ultimately resulted in his death on 2. 8. 1979. It is also alleged that the respondent dealt lathi blows on the other parts of the body of the deceased.3. First information was lodged by P. W. 1, the mother of the respondent and of the deceased, on 24. 7. 1979 at about 2 a. m. at Balimi Police Station which is at a distance of 18 kilometres from the village of occurrence, Patla. The injured was removed to Khajutiakanta Primary Health Centre and the condition of the injur...
Prahallad Dora Vs. Kishore Chandra Das
Court: Orissa
Decided on: Apr-02-1985
Reported in: 1985(II)OLR103
D.P. Mohapatra, J.1. The principal question that arises for consideration in this application under Section 398, Criminal Procedure Code is whether on the materials on record the S.D.J.M., Malkangiri, was right in dismissing the complaint petition filed by the petitioner for want of sanction as required under Section 197. Criminal Procedure Code.The petitioner, a member of Janata Party, filed a petition of complaint on 7.8.1981 before the Sub-Divisional Judicial Magistrate, Malkangiri, alleging inter alia that on 24.7.1981 the opposite party committed offences under Sections 294/506/342, Indian Penal Code and praying to Court to take cognizance against the accused for these offences. The gist of the allegations in the complaint petition was that on 24.7.1981 a demonstration against the enhancement of bus-fare was launched all over the State and so also at Malkangiri, On that date while the petitioner was announcing over the mike near the bus stand regarding programme for the day, the o...
Thuru Turi Vs. State
Court: Orissa
Decided on: Apr-02-1985
Reported in: 1985(II)OLR12
B.K. Behera, J.1. Upon hearing the learned counsel for both the sides, we find no justifiable reason to dislodge the finding recorded by Mr. P. K. Ghosh, Sessions Judge, Sundargarh, that after a sudden quarrel in the evening of July 28, 1983, the appellant had hit the abdomen of his mother which resulted in her death owing to rupture of the spleen, as noticed by the doctor conducting the autopsy. The learned trial Judge has relied on the evidence of the step-brother of the appellant (P. W. 4) who was one of the witnesses to the occurrence, the other being his step-father (P. W. 5). It is unfortunate that the evidence of P. W. 5 was not discussed in the judgment.2. The learned trial Judge has unreasonably concluded that the appellant had the intention of causing the death of the deceased. The unfortunate incident had occurred after a sudden quarrel. If the appellant had the intention of causing the death of his mother, he would have come armed with a weapon of attack and dealt a decisiv...
Kanhubhai Kotocha Vs. MinajuddIn Ahmed and ors.
Court: Orissa
Decided on: Apr-02-1985
Reported in: 1985(II)OLR130
D.P. Mohapatra, J.1. The judgment-debtor in Execution Case No. 10 of .1982 pending before the Munsif, Balasore, is the petitioner in this application under Section 115 of the Civil Procedure Code seeking to challenge the order of the Court dated 13. 1. 1983 rejecting his application under Section 47 of the Civil Procedure Code.2. The petitioner is the tenant in the suit house situated in Balasore town and the opposite parties are the landlords in respect of the said premises. The opposite parties filed an application under the provisions of Orissa House Rent Control Act, H. R. C. Case No. 27 of 1979, for eviction of the petitioner. The said application was allowed by the House Rent Controller, Balasore, on 7. 1. 1982. The controller passed an order for eviction of the petitioner and directed the latter to put the landlords in possession or the house. Under the provisions of Section 15 of the Act, the order of the Controller made under Section 7 of the Act directing the tenant to put th...
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