Orissa Court April 2002 Judgments
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Dushasan SwaIn and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-04-2002
Reported in: 93(2002)CLT520; 2002(I)OLR536
A.S. Naidu, J. 1. What is sought to be challenged in this writ application by a Ward Member and a Sarpanch of Barada Gram Panchayat, is the work order issued by the Block Development Officer (for short 'B.D.O.') in favour of opposite party No. 5 for executing Dholapasi-Ranapasi Road via Barada. It is alleged that the said work order has been issued contrary to the decision of the Palli Sabha and is otherwise unjust, illegal and liable to be set aside. The petitioners also have prayed for issuance of appropriate writ or direction quashing the alleged resolution of the Palli Sabha dated 2.12.2000 and the work order issued by the B.D.O. in favour of opposite party No. 5 for execution of the aforesaid road vide Annexure-7.2. In the greater interest of the populace, the State Government sponsored 'Rural Connectivity Programme' to be implemented directly by the Zilla Parishads with the aim and objective of providing roads between the Districts to Subdivisional headquarters, Block headquarter...
Malia Penthei Vs. State of Orissa
Court: Orissa
Decided on: Apr-04-2002
Reported in: 93(2002)CLT784
B. Panigrahi, J. 1. The appellant, who was the accused in Sessions Trial No. 127 of 1987, has challenged the validity, legality and propriety of the judgment/order dated 23.2.1988 passed by the learned Sessions Judge, Sundargarh convicting him under Section 302 of the Indian Penal code, in short, 'IPC' and sentencing him to undergo imprisonment for life. 2. Bereft of unnecessary details, the prosecution story is as follows : On 30.4.1987 one Kastu Penthei (P.W. 3), cousin brother of the accused Malia Penthei while consuming Baula fruits inside Baidihi Jungle, found one bear lying dead. On the following morning, i.e., on 1.5.1987, the appellant and P.W. 3 alongwith two others, namely, Jaya and Panu brought the dead bear from the jungle and butchered it under a mango tree of village Khajurdihi between 12.00 noon and 2.00 P.M. The female folk of the village while passing through that way strongly objected to their act, as it was emitting obnoxious smell. Jaya and Panu left the place on ac...
Srambutika Madhu Vs. State of Orissa
Court: Orissa
Decided on: Apr-03-2002
Reported in: 93(2002)CLT810
B. Panigrahi, J.1. The conviction and sentence passed by the learned Addl. Sessions Judge, Jeypore Under Section 302 of the Indian Penal Code in Sessions Case No. 103 of 1993 dated 10.11.1994 has been assailed in this appeal.2. The brevity of the prosecution story is as follows :That on 21.12.1992 at about 6.00 P.M. the appellant in the company of the deceased holding an axe and a lathi respectively went towards the bari of one Langesa for consuming date-palm juice (Khajuri tadi). At that time some villagers including P.Ws. 2, 6 and 7 were sitting near a fire in front of the house of one Dandi which was situated at a distance of about 40 to 50 cubits from the 'bari' of Langesa. P.Ws. 2, 6 and 7 heard an outcry 'Marigali, Marigali' (in Oriya). So they rushed towards the 'bari' of Langesa from the place of fire and noticed the deceased lying dead in that bari sustaining bleeding injury on his right shoulder. At their sight, the appellant was running away throwing the axe near the decease...
Sunakar Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-03-2002
Reported in: 2002(II)OLR1
R.K. Patra, J.1. Disciplinary proceeding was started against the petitioner while he was serving as a Junior Clerk in the office of the Settlement Officer, Cuttack. The charges were enquired into and on the basis of the enquiry report, the disciplinary authority by order dated 21.6.1989 (Annexure-13) removed him from government service. The appellate authority modified the penalty of removal from service to compulsory retirement but treated the period of suspension as such. The aforesaid two orders were challenged by the petitioner before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 390 (c) of 1994. The Tribunal by order dated 18.3.1999 disposed of the matter with a direction that the petitioner who was in possession of the enquiry report would file a fresh appeal before the appellate authority who would dispose of the same by passing a speaking order. Pursuant to the said order, the petitioner filed appeal and the appellate authority by order dated 7.6.1999 (...
Ramia Gaudo and anr. Vs. State
Court: Orissa
Decided on: Apr-02-2002
Reported in: 93(2002)CLT788
B. Panigrahi, J.1. Both the appellants stood prosecuted for commission of murder of one Lopinga Mallik of village Puila Sahi at Gumapada Patharabania jungle on 4.9.93 at 6.00 P.M. in furtherance of their common intention and further in the same course of action caused disappearance of the evidence of murder by having concealed the dead body inside a bush of that jungle with the intention to screen the evidence of murder.2. The prosecution story in bravity is as follows ;That on 4.9.93 at 6.00 P.M. deceased Lopinga Mallik was returning from Puila sahi with Dahala Mallik and his wife. They came to village Barakhamrna. Appellants Ramia Gaudo and Lundu Gaudo of village Sakedi and Gatingia respectively were standing near the house of Rama Pradhan of village Barakhamma. The deceased as well as the appellants so also the wife of the deceased were known to each other prior to the incident. The appellants suggested the deceased Lopinga Mallik to accompany them to village Gatingia. Therefore, Da...
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