Orissa Court June 1997 Judgments
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Jagata Singh Vs. State
Court: Orissa
Decided on: Jun-25-1997
Reported in: 1997(II)OLR192
A. Pasayat, J.1. In this appeal preferred by Jagta Singh (hereinafter referred to as 'the accused') from Jail, conviction for the offence punishable under Section 302 of the Indian Penal Code. 1860 (in short the I.P.C) and sentence of imprisonment for life as awarded by the learned Sessions Judge. Mayurbhanj-Baripada, are under challenge.2. Filtering out unnecessary details, prosecution case is as follows: On 20th January, 1992, accused came to the house of Gake Singh (hereinafter referred to as 'the deceased') who was believed to be a sorcerer. In the afternoon the deceased was absent and therefore accused went away and again came to his house in village Sukhuapata in the night. By then deceased had returned. Accused requested him to come with him to his village for treating his brother's wife. Deceased and accused left together. Next morning deceased was found dead with multiple injuries on his face and head. His brother (P.W.5) got the news that his brother was lying dead at village...
Adala Padmanava Patro Vs. Adala Madhusudan Patro and anr.
Court: Orissa
Decided on: Jun-24-1997
Reported in: 1997(II)OLR103
P.K. Mohanty, J. 1. This is a revision against the orders passed by the learned Courts below rejecting the petition under Order 9, Rule 9, C.P.C. to restore the suit.2. The short facts of the case is that the petitioner as plaintiff filed title Suit No. 45 of 1992 in the Court of the Civil Judge ( Junior Division. ) Berhampur for permanent injunction restraining the opposite parties from interfering in his possession. The suit was posted to 27.4.94 for hearing and on that date, the plaintiff-petitioner remained absent, for which his Advocate had filed an application praying for adjournment of the case. The petition for adjournment was rejected and the suit was dismissed for default of the plaintiff. An application under Order 9, Rule 9, C.P.C. was filed for setting aside the order of dismissal and for restoration of the suit to file, which was registered as M.J.C. No. 131 of 1994. Civil Judge (Junior Division), Berhampur, on consideration of the facts and circumstances of the case, fou...
Hari Khilla Vs. State of Orissa
Court: Orissa
Decided on: Jun-20-1997
Reported in: 84(1997)CLT620; 1997(II)OLR52
P.K. Misra, J.1. The appellant has been convicted under Section 376, Indian Penal Code, and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 2,000/-, in default, to undergo R.I. for further period of six months.2. The victim, a married lady, was engaged for collecting cashewnuts. On 26.4.1990, the date of occurrence, she along with others had gone for collecting cashew-nuts. The accused came stealthily from behind and thereafter committed rape on the victim. The victim disclosed about the incident to other labourers and subsequently after returning home, she narrated the incident before her husband who went to the Outpost. On the basis of the statement of the husband, initially Station Diary Entry No.347 dated 27.4.1990 was made which was subsequently treated as formal F.I.R. on 28.4.1990. Thereafter the victim and the accused were examined by doctors. On completion of investigation, charge sheet was submitted.3. The plea of the accused was one of denial.4. The victim w...
Natabar Barik Vs. Basudev Barik and anr.
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1997(II)OLR131
P.K. Misra, J.1. The first party member in a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) is the petitioner. The possession of the first party over the disputed land was decided by the Magistrate. The Second party member No. 2. filed a Criminal Revision before the Sessions Judge, Cuttack, which has been allowed. Against the said reversing order of the revisional Court, the present revision has been filed.2. The second party members 1 and 2 are two brothers. The first party member claims that in a partition the disputed property had fallen to the share of second party member No. 1 and a registered deed of partition was executed. Thereafter the second party member No. 1 had constructed a house and was in possession. Subsequently the said property was purchased by the first party member by a registered document dated 17.1.1994 and possession was delivered on that date by second party member No. 1. However, on the very next day i.e...
Unendra Kumar Lenka Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1997(II)OLR133
P.K. Misra, J.1. The present application under Section 482, Code of Criminal Procedure, has been filed by the informant. Opposite parties 2 to 4 are facing trial under Section 366/34, Indian Penal Code, in S.T. No. 76-D/90 now pending before the Assistant Sessions Judge. Kamakhyanagar. During the pendency of the matter before the trial Court an application was filed on behalf of the Public Prosecutor for tendering pardon to present opposite party No. 4, one of the accused persons, so that he can be examined as a witness as an approver. The said application was rejected by the trial Court on the ground that the said accused (present opposite party No. 4) had not made a full and true disclosure of the facts and had not implicated himself in the case. Criminal Revision No. 74/91 filed by the State before the Sessions Judge, Dhenkanal, was rejected.2. During the pendency of the revision before the Sessions Judge, an affidavit of accused Satrughan Jena was filed wherein the accused had purp...
Harihar Singh, Vs. State of Orissa
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1997(2)ALT(Cri)10; 84(1997)CLT269; 1997(II)OLR75
P.K. Misra, J.1. Eight accused persons were convicted by the Assistant Sessions Judge, Bhadrak, Under Sections 399 and 402, Indian Penal Code, and sentenced to undergo R.I. for four years on each count. The sentences were directed to run concurrently. Criminal Appeal No. 32/93 was filed by seven of the convicted persons whereas Criminal Appeal No. 35/93 was filedby the other convicted person, namely accused Babuli alias Gunanidhi Puhan. Both the appeals were taken up together and dismissed by a common order passed by the Additional Sessions Judge, Bhadrak. Five of, the convicted persons have filed the present Criminal Revisions which are being disposed of by this common judgment. 2. P.W.5, the S.I. of Police, Bhadrak (R) Police Station, while performing anti-dacoity patrol duty along with other members of the staff saw flashes of torch-light near Bhadrak-Dhamnagar Road at about midnight of 6/7.3.1992. Entertaining suspicion, he called some persons of Chunida Bazar and proceeded towards...
Dhruba Charan Padhi Vs. Madhusudan Das and ors.
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1997(II)OLR90
P.K. Misra, J.1. In this appeal the complainant assails the order of acquittal of the six respondents who were charged under Sections 352/379/34 of the Indian Penal Code.2. It is alleged by the complainant that while he was returning from Marsaghai Market with 40 Kgs. of rice on 10.4.1983 at about 7 P.M. the accused persons used criminal force against him and accused Sankarsan took away 40 Kgs. of rice and accused Ashok took away Rs. 20/- in furtherance of common intention of all the accused persons. The complaint was filed on the next date. 3. The plea of the accused persons was one of denial and it was pleaded that a false case had been filed as there was enmity between the complainant and the accused persons. 4. The trial Court Has discarded the case of the complainant mainly on the ground that the Complainat could have approached the police station specially on the background of series of litigations pending between the parties. It also found there are some contradictions in the ev...
Salegram Bagarty and ors. Vs. Sankar Bagarty and ors.
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1997(II)OLR102
P.K. Mohanty, J.1. This is an appeal by the defendant-appellant in the Courts below against a confirming judgment decreeing the plaintiff's suit for declaration of their right title and interest over the suit schedule properties. * * * * * *After hearing both the sides, and going through the records the Hon'ble Court held -9. Having heard the learned counsel for the parties and on going through the records indisputedly, the learned Courts below have relied on the materials and findings of the Criminal Court in a proceeding under Section 145, Cr.P.C. the judgment nor the records having been called for nor admitted into evidence formally. The lower appellate court has specifically observed that the records of 145 Cr.P.C. proceedings have not been exhibited in the case but referred to and relied on by the trial Court, observing so. it has overcome from the lacuna by saying that otherwise the finding is sustainable while as a matter of fact, the appellate Court has also partly relied on su...
Pradyota Kumar Sahani Vs. Malaya Kishore Naik and anr.
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1998CriLJ796; 1997(II)OLR129
P.K. Misra, J.1. The petitioner has filed ICC Case No. 4 of 1994 in the Court of the Sub-Divisional Judicial Magistrate, Sundergarh, against the opposite parties alleging commission of offence under Section 379 of the Indian Penal Code in respect of a Scooter bearing registration No. OR-15-A 2728. During the pendency of the said case, the petitioner filed an application for directing the Inspector-in-charge, Sundergarh to produce the Scooter for safe custody in Court. The said application having been rejected, the present revision has been filed.2. In the impugned order the Court below has rejected the application on the ground that the Scooter had not been seized in connection with ICC Case No. 4 of 1994 and had been seized vide Station Diary Entry No. 303 dated 14.1.1994 and had been left in zima of one Birakishore Acharya. The Court below therefore, held that it had no jurisdiction to pass any order regarding disposal of the Scooter in question as the Magistrate was not in seisin of...
Smt. Ahali Sahu Vs. Bimal Kumar Ghosh and ors.
Court: Orissa
Decided on: Jun-20-1997
Reported in: 1(1998)ACC190; 84(1997)CLT550
P.K. Mohanty, J.1. This is an appeal against the impugned order of the Second Motor Accident Claims Tribunal (S.D.), Berhampur dismissing the M.A.C. No. 381 of 1992 for claim of compensation filed by the alleged widow of the deceased Bhaskar Sahu, who died in a motor accident.2. The undisputed facts are that on 22nd October, 1991 at about 6 a.m., while Dinabandhu Sahu was going to his village from Kesapur by his cycle alongwith deceased Bhaskar Sahu, as a pillion rider, a truck bearing Regn. No. SCA 6307being driven in a rash and negligent manner, came from behind and dashed against them, as result of which deceased Bhaskar Sahu died at the spot and Dinabandhu sustained severe bodily injuries. The parents of the deceased filed M.A.C. No. 624 of 1992, claiming compensation of Rs. 1,50,000/- from the respondents. The present appellant Smt. Ahali Sahu claming to be the widow of the deceased filed M.A.C. No. 381 of 1992 and claimed compensation of Rs. 1,00,000/-. The injured Dinabandhu als...
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