Orissa Court February 1991 Judgments
Kubera Mahanta Vs. State
Court: Orissa
Decided on: Feb-27-1991
Reported in: 71(1991)CLT641; 1991(II)OLR83
J.M. Mahapatra, J.1. The appeal is directed against the judgment and order dated 30-6-1989 of the learned Sessions Judge, Keonjhar convicting the appellant Under Section 376, I. P. C. and sentencing him to undergo rigorous imprisonment for five years.2. Put briefly, prosecution case may be stated thus. The parties belong to village Kundalpani under Harichandrapur Police Station in the district of Keonjhar. On 16-1-198B the informant (PW 1), husband of the victim lady (PW 5) had been to village Guniadiha, while his wife, PW 5 had been to Sola field to watch the crop. It is alleged that while PW 5 was watching the field, sitting inside the hutment (Palla), the appellant suddenly went there and made PW 5 lie down on the ground and committed rape on her. The victim could not extricate herself from the clutches of the appellant. After the appellant left the place, the victim came back to the village and reported the incident to the ward member, PW 2 as also the Grama Rakhi. A Panchayat was ...
Tag this Judgment!Dhenka Munda Vs. State
Court: Orissa
Decided on: Feb-26-1991
Reported in: 71(1991)CLT589; 1991(I)OLR318
B.N. Dash, J.1. This appeal is directed against the order convicting the appellant under Sec 302, IPC, and sentencing him to undergo imprisonment for life.2. The prosecution case in brief is that on 26-6-1986 the appellant Dhenka Munda returned to his house at Kalupara from Belpahar Refractories where he was working sometime after evening and after taking dinner with other inmates consisting of his second wife Chandni Oram (the deceased), his father and his first wife and her children retired to bed. While the first wife with her children slept in one room of the house, the father slept on the verandah and the appellant and the deceased slept in another room. It is alleged that since the appellant was suspecting the questionable character of the deceased there ensued a quarrel between them sometime in the mid-night where after the appellant dragged the deceased to the inner court-yard and then lifted her to the fuel-shed where he killed her by severing her head from the trunk with a Ta...
Tag this Judgment!Kailash Sahu Vs. Basanta Kumari Dei and ors.
Court: Orissa
Decided on: Feb-25-1991
Reported in: 1992CriLJ1918
L. Rath, J.1. This petition has been filed seeking relief against revisional order passed against the petitioner Under Section 397, Cr. P.C. The opposite party No. 1 filed a petition Under Section 125, Cr. P.C. claiming maintenance from the petitioner and while the matter stood adjourned to 7-12-1984 for delivery of judgment, the petitioner filed a petition on 4-12-1984 before the Magistrate to summon the Investigating Officer in G.R. Case No. 1580/77 to prove the FIR lodged by the opposite party No. 1 against the petitioner. Such move of the petitioner having been rejected, he moved in revision the Sessions Judge, Puri who did not entertain the same holding it to be a revision against an interlocutory order. Having so failed, the petitioner has come before this Court invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.2. The petition, to say the least, is misconceived. It has been rightly observed by the learned Sessions Judge ...
Tag this Judgment!Bilasa Naik and anr. Vs. Radhashyam Mohanty and anr.
Court: Orissa
Decided on: Feb-22-1991
Reported in: AIR1992Ori32
D.M. Patnaik, J.1. This appeal is directed against the order passed by Hon'ble Dr. Justice B. N. Misra who at the admission stage dismissed an appeal filed under Section 110-D of the Motor Vehicles Act. The claimants are the appellants and the learned Second Motor Accidents Claims Tribunal having dismissed their claim and on appeal, the learned single Judge having dismissed the same, they have approached this Court invoking the jurisdiction under letters patent.2. Appellant No. 1 is the daughter-in-law and appellant No. 2 is the son of deceased Radhu Bewa who died in a motor accident.It was claimed in the petition for compensation that the deceased was the widow of late Madhu Naik. She was aged 40 years. She was carrying on a small business in purchase and sale of rice and having a monthly income ofRs. 300/-. The accident took place on 17-9-1976 at about 10 a.m. on the National High Way near Barabati Post Office under Dharmsala Police Station. It is claimed that at the time of occurren...
Tag this Judgment!Dasarath Behera and ors. Vs. Katai Dei and ors.
Court: Orissa
Decided on: Feb-22-1991
Reported in: AIR1991Ori160
D.P. Mohapatra, J.1. The defendants have filed this appeal assailing the judgment and decree of the Subordinate Judge, Jaipur decreeing the suit. The respondents filed Title Suit No. 5 of 1978 in the Court of the Subordinate Judge, Jaipur to declare their right, title and interest to the lands described in Schedule 'A' to the plaint; to declare that the appellants 1 to 8 have acquired no title to the 'A' Schedule land on the strength of their purchase from Laxmi Bewa and Kamala Dei; and to confirm respondents possession over the said land or in the alternative if it is found that they have been dispossessed, to direct possession of the land to be delivered to them and for other consequential reliefs.2. The case of the plaintiffs, shorn of unnecessary details, was that, the disputed lands belonged to Darsani alias Darsan Kunda, the maternal grandfather of the plaintiffs. He had only a daughter Rani by name, who was given in marriage to one Rama Chandra Sahu. Rama Chandra Sahu lived in t...
Tag this Judgment!Raghunath Panigrahi Vs. the State of Orissa
Court: Orissa
Decided on: Feb-22-1991
Reported in: 71(1991)CLT582; 1991(I)OLR325
D.M. Patnaik, J.1. This revision is against the appellate judgment of the learned Sessions judge, Ganjam, confirming the judgment of conviction and sentence of the petitioner by the learned Sub-Divisional judicial Magistrate, Chatrapur, Under Section 7 of the Essential Commodities Act (hereinafter referred to as the EC Act') read with Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (for short the Order').The learned Magistrate convicted and sentenced this petitioner and his father KhaiIli Panigrahi to undergo simple imprisonment for three months and to pay a fine of Rs. 50 %- each, in: default to undergo simple' imprisonment for one month.On appeal the learned Sessions judge upheld the lower Court findings and confirmed the judgment. Since the learned lower appellate Court found accused Khalli Panigrahi was an old man of 77 years of age, he released him Under Section 4 of the Probation of Offenders Act.2. Prosecution case in brief is that PW...
Tag this Judgment!Choudhury Prafulla Kumar Das and anr. Vs. Lingaraj Rath and anr.
Court: Orissa
Decided on: Feb-22-1991
Reported in: 71(1991)CLT707; 1991(I)OLR340
J.M. Mahapatra, J.1. The revision is directed against the order dated 22-4-1989 of the learned ' Executive Magistrate, Bhubaneswar holding the proceeding in, Crl. Misc. Case No. 813 of 1987 Under Section 145 of the Code of Criminal Procedure to be maintainable2. The short point for decision in this revision is whether in view of the pendency of civil suit and, proceeding under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short 'the Act'), the present proceeding under. Section 145, Cr. P. C. is maintainable. The property involved in the proceeding at one time was the Joint family property of the Choudhury family of Bhingarpur. A partition suit bearing O. S. No. 35 of 1931 was filed in the Court of the Subprdinate Judge, Cuttack for partition of the entire joint family property by mates and bounds. In which although preliminary decree was passed, the matter is still pending in final decree proceeding . in the meantime by virtue of the notifi...
Tag this Judgment!Balabhadra Dash and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-22-1991
Reported in: 71(1991)CLT823; 1991CriLJ2457; 1991(I)OLR486
S.C. Mohapatra, J.1. All the four accused person have invoked inherent jurisdiction of' this Court to bring an end to the prosecution against them. Since all the applications relate to the same, proceeding they are heard together- and are disposed of in this common order.2. On 26-1-1983, earth from a trench dug for construction of a Dam collapsed causing simple/grievous/fatal injuries to the' various labourers working in the trench and mine valuable lives were knot; bout three . hours after, at about 3.30 P.M. officer in charge of the police station received information of the accident and proceeded to the spot. -He drew First Information Report on his own information and after completion of investigation, he submitted charge-sheet against the four accused persons Under Sections 337/338/304-A, I.P.C On receipt of the order of sanction Under Section 197 (4) Cr.P.C against public officers, learned -Sub-divisional Judicial Magistrate took cognisance of the offences and directed issue of p...
Tag this Judgment!State of Orissa Vs. Gangadhar Behuria
Court: Orissa
Decided on: Feb-22-1991
Reported in: 71(1991)CLT652; 1992CriLJ3814
S.C. Mohapatra, J.1. Offence of kidnapping and rape in relation to unmarried girl in her teens alleged to have been committed by a man in his forties taking advantage of the exclusive company is subject-matter of this appeal against acquittal.2. Accused and parents of P. W. 2 mother of prosecutrix (P.W. 1) belong to village Bramhanigaon in Binjharpur police station of Cuttack district. P.W. 2 is married in village Kantia under the same police station. Accused established good relationship with P.W. 2 as her brother. On account of such relationship he was visiting house of P.W. 2 at times. With assistance from accused eldest daughter of P.W. 2 was given in marriage. After the second child, a son P.W. 1 was born as the third child and second daughter of P.W. 2. Wife of accused has deserted her. This is the background brought in evidence by prosecution.3. Undisputedly, accused went from his village to house of P.W. 2 on 14-2-1983 and stayed there in the night. Next morning he took P.W. 1 ...
Tag this Judgment!Bulasa Naik and anr. Vs. R.S. Mohanty and ors.
Court: Orissa
Decided on: Feb-22-1991
Reported in: II(1991)ACC721
D.M. Patnaik, J.1. This appeal is directed against the order passed by Hon'ble Dr. Justice B.N. Misra who at the admission stage dismissed an appeal filed under Section 110-D of the Motor Vehicles Act. The claimants are the appellants and the learned Second Motor Accident Claims Tribunal having dismissed their claim and on appeal, the learned Single Judge having dismissed the same, they have approached this Court invoking the jurisdiction under Letters Patent.2. Appellant No. 1 is the daughter-in-law and appellant No. 2 is the son of deceased Radhu Bewa who died in a motor accident.3. It was claimed in the petition for compensation that the deceased was the widow of late Madhu Naik. She was aged 40 years. She was carrying on a small business in purchase and sale of rice and having a monthly income of Rs. 300/- the accident took place on 17.9.1976 at about 10.00 a.m. on the National Highway near Barabati Post Office under Dharamsala Police Station. It is claimed that at the time of occu...
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