Orissa Court May 2000 Judgments
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Prafulla Jena and Five ors. Vs. State of Orissa
Court: Orissa
Decided on: May-04-2000
Reported in: 90(2000)CLT17; 2000CriLJ2684; 2000(I)OLR680
P.K. Patra, J.1. The appellants have challenged the judgment dated 5.9.1996 passed by Shri L. K. Mishra, Additional Sessions Judge, Bhadrak in Sessions Trial No. 27/171 of 1996 convicting them under Sections 395/457, IPC and sentencing each of them to undergo rigorous imprisonment for seven years on each count and directing the sentences to run concurrently. The appellants have been acquitted of the charge under Section 9B of the Indian Explosives Act.2. Prosecution case runs as follows :The informant (P.W.1) and his family members had slept in their house in village Bishnupur Bindha under Bhadrak Rural Police Station in the district of Bhadrak in the night of 7.12.1994 in different rooms. Though the entrance doors of the house were closed from inside, the, door of the bedroom of the informant had been kept open. At about 1.30 a.m. to 2 a.m. in the said night (8.12.1994) the informant and his family members woke up hearing some hulla and violent knocking at the doors. Apprehending that...
Union of India (Uoi) Vs. Steel Authority of India Ltd.
Court: Orissa
Decided on: May-03-2000
Reported in: 2000(II)OLR218
P.K. Misra, J. 1. In this appeal Under Section 23 of the Railway Claims Tribunal Act, the Union of India has challenged the order of the Railway Claims Tribunal directing payment of Rs. 9, 374/- as compensation to the Steel Authority of India, Ltd.2. The facts giving rise to the present appeal are as follows :The claimant-respondent had despatched a consignment of 47.000 M.T. of 32 mm. m.s. rounds from Bhilai to Bhubaneswar. The consignment reached Bhubaneswar on 2.1.1990. The respondent wanted delivery of goods by weighment. However, as there was no facility for weighment of goods, the Railway authorities advised that the consignment should be taken to Talcher where there was facility of weighment and, thereafter delivery would be effected. The Steel Authority of India while declining to accept such proposal before taking delivery, requested the Railway authorities to depute an authorised person to remain present at the time of weighment near the siding but the Railway authorities did...
Gadadhar Nayak Vs. State
Court: Orissa
Decided on: May-02-2000
Reported in: 2001CriLJ2995; 2000(II)OLR49
P.K. Patra, J.1. The appellant has challenged the judgment dated 28.6.1997 passed by ShriN.N. Praharaj, Special Judge, Jajpur in Vigilance G.R. Case No. 43 of 1996 convicting the appellant under Section 7 of the Essential Commoditites Act (for short 'the Act') and sentencing him to undergo rigorous imprisonment for six months. 2. Prosecution case runs as follows :The appellant was a sub-wholeseller of kerosene oil in the district of Jajpur. On 21.6.1996 P.W.3. the Inspector of Police (Vigilance), Jajpur received confidential information about clandestine distribution of kerosene oil by the appellant and proceeded to the spot with Sri U.K. Paikray. Dy. Superintendent of Police (Vigilance) and vigilance staff accompanied by Sri. N.K. Beda, Assistant Civil Supplies Officer. Jajpur (P.W. 1). and Sri B.K. Panda, Marketing Inspector, Jajpur (P.W.2). They arrived at 11.00 a.m. in the depot of the appellant at village Kabirpur for verification of the stock and his books of accounts and found t...
Trinath Benia Vs. State of Orissa
Court: Orissa
Decided on: May-02-2000
Reported in: 2001(73)ECC40; 2000(II)OLR53
P.K. Tripathy, J. 1.This appeal by the accused in Sessions Case No. 41 of 1992 of the Court of Additional Sessions Judge, Jeypore is bound to succeed on a short point which shall be quoted below. Therefore. a detailed documentation of the facts, evidence and the findings recorded by the trial Court, in respect of the entire case is not required to be reflected in this judgment.2. It is the case of the prosecution that on 27.12.1991. at about 8.20 p.m. P.W.No. 7 alongwith police staff which includes P.Ws. 4 and 5, were patrolling in the locality apprehended the appellant alongwith his brother and recovered a gunny bag from the appellant allegedly containing one kilo and fifty grama of ganja. Independent witnesses present there namely, P.Ws. 1 to 3 also helped the police party in apprehending the accused and witnessing the seizure. It is the admitted position on record that the accused was produced in the Court of S.D.J.M., Jeypore on 28.12.1991, but the seized articles were not produced...
K. Samba Reddy Vs. State of Orissa
Court: Orissa
Decided on: May-02-2000
Reported in: 2000CriLJ4466; 2000(II)OLR107
P.K. Patra. J.1. The appellant has challenged the judgment dated 28.3.1991 passed by Shri G. Narasimham, Special Judge, Koraput, Jeypore in T.R. Case No. 8 of 1989 convicting him under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00, in default to undergo further rigorous imprisonment for a period of one month.2. Prosecution case is as follows :The appellant has a grocery shop at village Motu. On 17.10.1988at about 1.30 p.m., P.W. 1, the Marketing Inspector of Podia Block, inspected the shop of the appellant and found a barrel containing 190 litres of kerosene oil, two funnels, one empty tin and measuring instruments. On demand, the appellant could not produce any licence or permit for possession of kerosene oil. Hence P.W.I seized the kerosene oil and other articles in presence of witnesses. After completion of enquiry P.W.I filed prose...
Ranjit Senapati Vs. State of Orissa
Court: Orissa
Decided on: May-02-2000
Reported in: 2000CriLJ3264; 2000(II)OLR335
P.K. Patra, J.1. The appellant has challenged the judgment dated 23.9.1998 passed by Shri A. P. Das, Second Additional Sessions Judge. Cuttack in G.R. Case No. 2262 of 1996 (Tr. No. 2/97) convicting him under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S.') and sentencing to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. 1,00,000.00 in default to undergo rigorous imprisonment for a further period of two years.2. Prosecution case runs as follows :On 30.12.1996 at about 2.30 p.m. the informant (P.W.I ). a Sub-Inspector of Police, Malgodown Police Station, Cuttack was performing patrol duty with P.W.5, an A.S.I. of the said Police Station at the College Square, Cuttack and he received reliable information that the appellant who was working as a Collection Agent in the Sulabh Sauchalaya at Station Road. Cuttack was residing with his wife in one of the rooms of the said Sulabh Sauchalaya and was deal...
Banambar Misra and anr. Vs. State of Orissa
Court: Orissa
Decided on: May-02-2000
Reported in: 90(2000)CLT630; 2000CriLJ3260; I(2001)DMC231; 2000(I)OLR670
P.K. Patra, J.1. Appellants Banambar Misra and Satyabhama Misra have been convicted under Section 304B of the Indian Penal Code (for short ' I.P.C.') and sentenced to undergo rigorous imprisonment for ten years. Appellant Banambar Misra has further been convicted under Section 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for six months thereunder. Appellant Satyabhama Misra has further been convicted under Section 498A, I.P.C and sentenced to undergo rigorous imprisonment for two years thereunder. The sentences are directed to run concurrently. The judgment dated 31.10.1998 passed by Shri K.B. Sahu, Second Addl. Sessions Judge, Puri in Sessions Trial No. 17/170 of 1994 convicting the appellants and sentencing them as stated above has been . challenged in this appeal.2. The appellants are husband and wife and are residents of village Harisaranpur under Satyabadi Police Station in the district of Puri. Their son Harihar Misra (P. W.2 2) had married deceased Suchi...
Jiban Sarkar Vs. State of Orissa
Court: Orissa
Decided on: May-01-2000
Reported in: 2001(I)OLR514
P.K. Tripathy, J.1. Appellant has been convicted Under Section 20(b)(i) of the N.D.P.S. Act, 1985 for the alleged possession of 4 kg. 500 grams of Ganja without any valid licence or permit and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 5,000/- (five thousand) in default to further sufffer rigorous imprisonment for six months as per the judgment and conviction order dated July 17th 1998 of learned Additional Sessions Judge, Jeypore, in T.R. Case No. 27 of 1997.2. Prosecution case, in brief, is that on 11.5.1997 on receipt of reliable information about the appellant indulging in the business of illegal possession and sale of Ganja P.W.No. 6, i.e., the Officer-in- charge of Dabugam Police-station proceeded to the occurrence village to conduct a search of the residential premises of the appellant. On his requisition, the S.D.O., Umerkote, who was also the Executive Magistrate (P.W.4) also accompanied to the occurrence village and in presence of the w...
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