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Orissa Court February 1997 Judgments

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Feb 03 1997

Madhab Charan Dash Vs. Amiya Prasad Mishra

Court: Orissa

Decided on: Feb-03-1997

Reported in: 1997(II)OLR37

C.R. Pal, J.1. This is a petition under Sub-section(4) of Section 378 of the Criminal Procedure Code filed by the complainant of I.C.C. N6.96 of 1993 of the court of the learned S.D.J.M., Bhubaneswar seeking leave to appeal against the order of acquittal passed in the aforementioned complaint case acquitting the accused person from, the charge Under Section 500 of the Indian Penal Code.2. The facts of the case in brief are as follows:The petitioner was the Managing Director of the Kalinga Hospital Private Limited, Bhubaneswar. The opposite party was appointed as a site Engineer under the present petitioner and as he was found unsuitable for the job, his service was terminated with effect from 22.7.1992. It is alleged that on 9.4.1993 the opposite party sent a letter without his signature to the petitioner making all sorts of imputations against the petitioner. After receiving the letter, the petitioner sent a photo copy thereof to the opposite party asking him to put his signature ther...


Feb 03 1997

Babu Alias Badal Das and anr. and Bari Batra Alias Kumuda Vs. State of ...

Court: Orissa

Decided on: Feb-03-1997

Reported in: 1997(II)OLR31

P.K. Misra, J.1. The two appellants in Criminal Appeal No. 62/85 and the appellant in Jail Criminal Appeal No. 75 of 1985 assail the order of conviction Under Section 395, Indian Penal Code, passed by the Additional Sessions Judge, Balasore, in Sessions Trial No. 15/18 of 1984. All the appellants have been sentenced to undergo R.I. for 6 years.2. As per the prosecution case, the appellants along with several other entered inside the house of the informant while she and her daughters (P.Ws. 2 and 3) were asleep. The culprits were variously armed. They removed all the valuables from the house of the informant after threatening the inmates. F.I.R. was lodged the next morning and after completion of investigation charge sheet was filed against the three appellants Under Section 395, Indian Penal Code, as other culprits could not be apprehended.3. Relying upon the prosecution evidence regarding complicity of the three appellants as corroborated by the evidence relating to T.I. parade, the t...


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