Orissa Court September 1988 Judgments
Duryodhan Mallik and anr. Vs. the State
Court: Orissa
Decided on: Sep-27-1988
Reported in: 1989CriLJ1514
S.C. Mohapatra, J.1. Two out of the three accused persons have approached this Court to exercise revisional power in order to get rid of the conviction and substantive sentence and fine imposed on them on a finding of having committed an offence under Section 326/34, I.P.C.2. Case of the prosecution as disclosed in the First Information Report lodged by P.W. 2 at Nayagarh Police Station on 6-11-1978 at 5.45 p.m. is that his father (P.W. 2), the injured having declined to give in marriage of Golap, sister of the informant to Duryodhan I (petitioner No. 1) and having got her married elsewhere Duryodhan was threatening to kill P.W. 2. The other petitioner and another accused were supporting Duryodhan. On 5-11-1978 at about 10.00 p.m. in the night when P.W. 2 came out of the house to answer the call of nature, the three accused, persons, who were hiding near the cow-shed of P.W. 2 rushed towards him and Duryodhan gave a blow with Farsa (a sharp cutting dangerous weapon) with aid of the lig...
Tag this Judgment!Ramavatar Chanania Vs. State of Orissa
Court: Orissa
Decided on: Sep-19-1988
Reported in: 67(1989)CLT130; 1989CriLJ1544
ORDERL. Rath, J.1. The petitioner having been convicted for violation of the provisions of Clause 3 of the Orissa Rules, Edible Oil Seeds and Edible Oils Dealers (Licensing) Order, 1977 (for short the 'Order') and Section 7 of the Essential Commodities Act, 1955 (for short 'the Act') and sentenced to three months' R.I. and to pay a fine of Rs. 500/- in default to undergo R.I. for one month more and the same having been confirmed in appeal, has filed this revision. The petitioner stood trial along with two other accused persons, namely, Gopal Santholia and Bapdeo Santholia, who have since been acquitted.2. The case of the prosecution is that the premises of one M/s. Harnarayan Kedarnath was raided by the Vigilance Staff on 2-4-1979 and during such raid the stock of edible oil in question was discovered from a room behind the shop premises which was not reflected in the accounts of the firm. The defence of the proprietors of the firm was that the stock belonged to the petitioner who had ...
Tag this Judgment!Razak Rice and Oil Mills Vs. Bharat Narayan Patnaik, Food Inspector, B ...
Court: Orissa
Decided on: Sep-19-1988
Reported in: 1989CriLJ648
ORDERV. Gopalaswamy, J.1. This revision is preferred against the judgment of the First Additional Sessions Judge, Ganjam, Berhampur dated 25-2-1984, in Criminal Appeal No. 34/83 (147/82-GOC), confirming the order of conviction passed by the Chief Judicial Magistrate, Ganjam, Berhampur, in 2(c) C.C. No. 295/79, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') and sentencing the petitioner thereunder to pay a fine of Rs. 3000/-.2. The gist of the prosecution case is that on 1-9-1979 at about 6 p.m. the Food Inspector. Berhampur Municipality visited the business premises of the petitioner and duly took samples of til oil, higer oil and groundnut oil exposed for sale and sent them to the Public Analyst for examination, when the Analyst reported that all the samples were adulterated, and so after getting the necessary sanction, the petitioner was prosecuted under Section 16(1)(a)(i) of the Act.3. After proper appreciation of the evi...
Tag this Judgment!State of Orissa Vs. Dubuga Tubud
Court: Orissa
Decided on: Sep-16-1988
Reported in: 1989CriLJ1566
K.P. Mohapatra, J.1. This appeal is against the judgment passed by the learned Sessions Judge, Dhenkanal, acquitting the respondent of the offence of patricide.2. The prosecution case is that on 15-12-1980 at about 6.00 p.m. there was a quarrel between the respondent and his father (deceased) over thrashing of paddy. During quarrel, out of anger, the respondent threw a piece of Sal wood (Sala Khunta) (M.O. I) aiming at the deceased which struck the head near the left ear of the latter, as a result of which he fell down on the ground. Thereafter, the respondent assaulted him by means of a stick. On account of the assault, the deceased breathed his last. A Home Guard of the village, P.W. 1 lodged F.I.R. (Ext. 1) at Pallahara Police Station. After investigation, charge-sheet was submitted against the respondent under Section 302, I.P.C.3. The defence plea was denial simpliciter.4. At the hearing it was not challenged that the death of the deceased was homicidal as a result of several inju...
Tag this Judgment!K. Ramamurty Patro and ors. Vs. Sub-divisional Officer and ors.
Court: Orissa
Decided on: Sep-14-1988
Reported in: 67(1989)CLT44; 1989CriLJ1036
ORDERG.B. Patnaik, J.1. The petitioners have prayed for quashing the proceeding initiated against them in B.L. Case No. 1/86 under the provisions of Bonded Labour System (Abolition) Act, 1976 (Act 19 of 1976) (hereinafter referred to as the 'Act'), invoking inherent jurisdiction of this Court, inter alia, on the ground that the entire allegations against the petitioners do not make out the offence in question.2. One Mangulu Ghadei, opposite party 2 filed a petition on 16-1-86 alleging therein that his son, opposite party 3 was working as a labourer in the house of petitioner 5 on a monthly remuneration of Rs. 60/- apart from food and clothings from 1959 to 1979. During this period, the father of the petitioner took Rs. 500/- for his daughter's marriage and no further money has been received and according to the allegation said opposite party 2 is entitled to receive the balance salary of Rs. 990/-. It was further alleged that opposite party 4 who is the other son was also working in th...
Tag this Judgment!Land Acquisition Officer, Ganjam Vs. Ch. Parsuram and ors.
Court: Orissa
Decided on: Sep-13-1988
Reported in: AIR1990Ori13
S.C. Mohapatra, J.1. This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by the Land Acquisition Officer. Claimants have also preferred a cross-objection.2. Notification under Sections 4(1) and 17(4) of the Act were published on 12-4-1972 for compulsory acquisition of 20 acres 0 1/2 decimals of homestead land of the respondents in Revenue village Goilundi within Berhampur Municipality for construction of office building and staff quarters for the Deputy Director of Agriculture, Berhampur. Possession of the land was taken immediately. Collector awarded compensation of Rs. 1,44,537.80 paise computing the market value of 1 acre 99 decimals of land at the rate of Rs. 63,158/-per acre. Receiving the compensation awarded under protest, claimants objected to the measurement of the area acquired as well as demanded compensation at higher rate of market value, for which reference under Section 18 of the Act was made to the Court. Trial Cou...
Tag this Judgment!Braja Gopal Bhuyan Vs. State of Orissa
Court: Orissa
Decided on: Sep-13-1988
Reported in: 1989CriLJ1653
K.P. Mohapatra, J.1. The appellant has challenged the judgment passed by the learned Special Judge, Bhubaneswar, convicting and sentencing him for offences under Section 5(1) (c) and (d) read with Section 5(2) of the Prevention of Corruption Act (hereinafter referred to as the 'Act') and under Sections 467 and 471, I.P.C.2. The prosecution case in brief is that the appellant was serving as Motor Vehicles Inspector (Technical), a gazetted post and in the year 1975 he was posted at Baripada in Mayurbhanj district. On 19-8-1975 he was checking motor vehicles at a place called Asanjoda on the national highway. A passenger bus bearing Registration No. RJY 3091 of which P. W. 7 was the driver, P. W. 8 was the owner and P. W. 9 was the conductor, was travelling from Jhansi in Rajasthan carrying in all 62 pilgrims to Puri in Orissa although its seating capacity was 54. The vehicle was checked by the appellant who found that it was overloaded and so he realised a sum of Rs. 800/- as compounding...
Tag this Judgment!Ch. Bhaskar Patra Vs. State of Orissa
Court: Orissa
Decided on: Sep-13-1988
Reported in: 1989CriLJ516
ORDERV. Gopalaswamy, J.1. This revision is preferred against the judgment of the Additional Sessions Judge, Ganjam-Boudh, in Criminal Appeal No. 1 of 1982-G (15/80-GOC) dated 24-6-1982. confirming the order of the Judicial Magistrate, First Class, Digapahandi, in G. R. Case No. 407 of 1976, convicting the petitioner under Sections 304A and 279, I.P.C. and sentencing him there under to under go R.I. for six months and three months respectively, with a direction that the sentences should run concurrently.2. The gist of the prosecution case is that on 7-6-1976, near Madanmohanpur, as the petitioner, driving the minibus ORG 4544, in high speed, tried to pass by the side of a truck parked on the road in the course of such bypassing the minibus dashed against a telephone pole standing by the side of the road, and ran over and killed a blind man named Debraj sitting near the telephone pole, and then it turned upside down, and thus he was found driving the minibus rashly and negligently render...
Tag this Judgment!Bidhan Bisoi Vs. State of Orissa
Court: Orissa
Decided on: Sep-13-1988
Reported in: 1989CriLJ1038
ORDERV. Gopalaswamy, J.1. This revision is preferred against the judgment dated 27-10-1984 passed by the Second Additional Sessions Judge, Berhampur, in Criminal Appeal No. 66 of 1983 (8/83-G) confirming the order of the Judicial Magistrate, First Class, Bhanjanagar, in G. R. Case No. 217 of 1987, convicting the petitioner under Section 323, I.P.C. and sentencing him thereunder to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of one year, with a direction that out of the fine amount, if realised, an amount of Rs. 250/- be paid to P.W. 3 Balkrishna Bisoi.2. On a proper consideration of the evidence of P.Ws. 1 to 4 and the evidence of the doctor (P.W. 5), both the Courts below have come to a finding that the petitioner had voluntarily caused grievous hurt to Balakrishna Bisoi (P.W. 3) by giving a blow on his neck with a Kati and thereby rendered himself liable under Section 326, I.P.C.3. At the...
Tag this Judgment!Krushna Charan Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Sep-12-1988
Reported in: 66(1988)CLT816; 1989CriLJ1025
ORDERG.B. Patnaik, J.1. This application has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, as the petitioner's application for release of the motor vehicle was rejected by the learned Magistrate and on revision, the said order of rejection has been affirmed,2. In connection with G.R. Case No. 232 of 1988 under Sections 436/323/427/379, Penal Code, a truck bearing registration under ORL 537 was seized by the Investigating Officer on 22-7-1988. The petitioner is admittedly the owner of the said truck. After the seizure, the petitioner filed an application invoking the jurisdiction of the Magistrate under Section 457 of the Code of Criminal Procedure for getting custody of the vehicle. The learned Magistrate rejected the said application solely on the ground that the case being one triable by Court of Session, he had no jurisdiction to deal with the application. The petitioner, therefore, carried a revision to the Court of Session....
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