Orissa Court September 2001 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Govinda Chandra Chinera Vs. State of Orissa
Court: Orissa
Decided on: Sep-14-2001
Reported in: 2001(II)OLR447
L. Mohapatra, J.1. The appellant having been convicted for offences committed Under Sections 302/201 of the Penal Code, has preferred this appeal.2. Case of the prosecution is that deceased is the wife of the appellant and they were residing in their own house along with their three sons Ramesh Chandra Ghinera (PW 1), Pradip Kumar Chinera (PW 2) and another in village Hajsunakhala. The appellant suspected his wife to be involved in extra-marital relationship for which he was ill-treating her. In the night of occurrence the appellant, deceased and their sons went to bed as usual and early in the morning the dead body of the deceased was found on her bed. Brother of the appellant Madah Mohan Chinera who was also residing in the same village on getting information about death of the deceased, came to the house of the appellant and being suspicious about the cause of death the matter was reported in Bankoi Out Post and a U.D. case was registered. PW 8 took over charge of investigation wher...
Daktar Naik Vs. State of Orissa
Court: Orissa
Decided on: Sep-13-2001
Reported in: 2001(II)OLR470
B. Panigrahi, J.1. This appeal has assailed the order of conviction and sentence Under Section 302/34, IPC directing the appellant to undergo imprisonment for life on the ground of commission of murder of Kalandi Naik.2. The prosecution story, in short, set out in the judgment is as follows :That the deceased Kalandi Naik was said to have purchased a piece of land from one Mahargi Naik. The said Mahargi Naik is the brother's wife of the accused Tankadhar Naik (since acquitted). The other accused are the sons of accused Tankadhar Naik. The sons of accused Tankadhar Naik cut and removed one Mahua tree from that purchased land of Kalandi Naik. Therefore, he raised protest, as a reason whereof, a village meeting was held in the afternoon of 26.4.90 for which there was quarrel between the deceased Kalandi and Tankadhar. Accused Tankadhar went to his house, which was situated nearer to the meeting place came along with his sons being armed with lathis and axe. He instigated his sons to commi...
Hari Prasad Chhapolia Vs. Union of India (Uoi)
Court: Orissa
Decided on: Sep-10-2001
Reported in: 2002(142)ELT534(Ori); 2002(I)OLR11
P.K. Tripathy, J. 1. The petitioner challenges the order of conviction for the offences under Sec. 135(b)(i) of the Customs Act, 1962 (in short 'the Act, 1962') and Section 85 (ii), (iii), (viii) and (ix) of the Gold (Control) Act, 1968 (in short 'the Act, 1968') for alleged violation of Sections 6, 8(i) and 27 of the Act, 1968. Petitioner was tried in the Court of Additional Chief Judicial Magistrate (Special Court), Cuttack on the basis of the complaint lodged by the Assistant Collector, Central Excise and Customs, Bhubaneswar, registered as 2(c) C.C. No. 214 of, 1985. The trial Court found the petitioner guilty of the aforesaid two offences the therefore sentenced him to undergo R.I. for three years and to pay a fine of Rs. 5,000/- in default to undergo R.I. for a period of one year for the offence under Section 135(b)(I) of the Act, 1962 and R.I. for two years for the offence under Sec. 85 (ii), (iii), (viii), (ix) of the Act, 1968 and to pay a fine of Rs. 2,000/- in default to fur...
Kartik Chhatria and Bharat Majhi Vs. State of Orissa
Court: Orissa
Decided on: Sep-07-2001
Reported in: 93(2002)CLT210
P.K. Misra, J. 1. These two appeals arise out of the order dated 23.12.1998 passed by the Additional Sessions Judge, Bolangir, in Sessions Case No. 22/9 (B) of 1998 convicting the appellants under Section 376(2)(g) of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for two years more.2. Prosecution case as revealed from the F.I.R. as well as the evidence on record is that on 13.09.1997, the victim Pravati alias Nini Podh, aged about 17 years, along with her friend Laxmi Podh left Bolangir for Saintala by walk. They were going to the house of one of the relations of Nini Podh. While going on the road, a little distance ahead of Bijakhaman petrol pump at about 2.45 P.M., they were obstructed by four boys. Three of the boys caught hold of the victim Nini Podh. While the fourth one caught hold of Laxmi Podh. Soon, two other boys came and joined the earlier four. But, ...
Pravakar Mohapatra and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-07-2001
Reported in: 2001(II)OLR419
A.S. Naidu, J.1. The petitioners, who languished in custody in spite of the specific direction issued by this Court are constrained to approach once again invoking the jurisdiction Under Section 482 of the Code of Criminal Procedure. They have inter alia prayed to quash the order dated June 12. 2001 and June 14, 2001 passed in G. R. Case No. 105 of 2001 by the learned S.D.J.M., Udala.2. By order dated 22.6.2001 notice was issued and it was directed that the matter is likely to be disposed of finally at the stage of admission. The lower Court records were also called for. After receipt of the L.C.R. the matter was listed for admission. On the consent of the parties, the case was heard.3. For proper appreciation of the orders passed by the learned S.D.J.M., short facts, which are necessary, are stated hereinbelow.The two petitioners, aged about 69 and 64 years respectively, filed Criminal Misc. Case No. 3334 of 2001 Under Section 438 of the Code of Criminal Procedure praying for grant of...
Betu Alias Bijan Kumar Nayak Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-07-2001
Reported in: 2001(II)OLR433
A.S. Naidu, J.1. Every thing is fair in love and war, probably this is what landed the petitioner in the ocean of trouble. He stands charged Under Section 366/376 read with Section 34 of the Indian Penal Code in G. R. Case No. 426 of 1997. The criminal action was brought to motion by an F.I.R. lodged alleging that, when opposite party No. 2 was on her way to purchase Rakhi, she was eloped by the petitioner and others. Several other allegations have also been made in the F.I.R.2. While the matter stood thus, the lady Smt. Tripura JMayak, aged about 23 years filed an affidavit before the learned Sub- Divisional Judicial Magistrate, Dhenkanal, on June 24, 1998, solemnly affirming that she has married the petitioner on January 20, 1998 in presence of relations, well-wishers and friends in accordance with the Hindu caste, customs and rites and the couple is leading a happy conjugal life as husband and wife. The said affidavit was sworn to by opposite party No. 2 before the Oath Commissioner...
Gura Munda Vs. State of Orissa
Court: Orissa
Decided on: Sep-05-2001
Reported in: 92(2001)CLT712
B. Panigrahi, J.1. The appellant having been convicted for offences committed under Sections 302 and 201 of the Penal Code and having been sentenced to undergo imprisonment for life, has preferred this appeal.2. The case of the prosecution is that the occurrence took place during the night of 27-10-1992 in village Balita in the district of Keonjhar. The deceased is the grand-mother of the accused-appellant. Some days prior to the occurrence the son of the appellant was suffering from high fever and could not be cured. The appellant suspected the deceased to have practised witchcraft. On the date of occurrence the appellant committed murder of his grand-mother (deceased) by means of a Dauli (M. O. I.) and threw the dead body of the deceased in the paddy field of one Rain Kisan Munda. The further case of the prosecution is that after commission of the crime the appellant confessed his guilt before p. ws. 1, 2 and 3. On the basis of information lodged by p. w. 1, investigation was taken u...
indramani Sahu Alias Indrajita Vs. State
Court: Orissa
Decided on: Sep-05-2001
Reported in: 2001(II)OLR442
B. Panigrahi, J.1. The appellant has assailed the order/ judgment of conviction and sentence passed by the Second Additional Sessions Judge, Berhampur, dated 27th July, 1995, Under Sections 302/201. I.P.C. whereunder the appellant has been sentenced to undergo R. I. for life and R. I. for 2 years respectively. The sentences were directed to run concurrently.2. The skeletal picture of the prosecution story as presented before the learned Sessions Judge is as follows :That on 15.6.94 in the night, deceased Mukuta Sahu had slept on the verandah of one of her neighbours as usual. On the following morning she was found missing and could not be traced and finally on 17.6.94 at about 1 p.m. her dead body was exhumed from inside a nearby compost pit. After the dead body was recovered, it was noticed that some of the gold ornaments which were worn by the deceased were missing. During investigation, it came to light that some days prior to the disappearance of the deceased Mukuta Sahu, the appel...
Simachal Mishra Vs. State of Orissa
Court: Orissa
Decided on: Sep-04-2001
Reported in: 92(2001)CLT444; I(2002)DMC33; 2001(II)OLR381
A.S. Naidu, J.1. This application is filed invoking jurisdiction under section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), inter alia, praying to quash the order of cognizance dated February 1, 1999, passed by the learned Sub-Divisional Magistrate, Berhampur, in G.R. Case No, 1160 of 1997.2. The moot point which needs determination in the present case is, as to whether in the absence of a complaint as stipulated under section 198 of the Code, there is any scope for taking cognizance under section 491 of the Indian Penal Code (in short 'I, P. C.): For appreciating the position of law, facts, which are verymuch necessary, are set herein below.3. On the basis of an information lodged by Manjulata Padhi before the Officer-in-Charge, Mahila Police Station, Berhampur, P. 3. Case No. 57 of 1997 was registered against the petitioner for offences punishable under sections 498A, 494 read with section 34 of the I. P, C. which was subsequently converted to G. R, Case No. 1...
- ‹ Prev
- 1
- 2
- Next ›