Orissa Court July 2002 Judgments
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Rekha Dei Vs. State of Orissa
Court: Orissa
Decided on: Jul-24-2002
Reported in: 94(2002)CLT500
B. Panigrahi, J.1. This appeal is directed against the order dated 5.4.1996 passed by the Additional Sessions Judge, Khurda, in S.T. Case No. 64/216 of 1995, whereby the appellant has been convicted under Section 302 of the Indian Penal Code (for short 'IPC'), for committing the murder of Tikili Baliarsingh, and sentenced to undergo imprisonment for life.2. The sole appellant was prosecuted for commission of the murder of one Tikili Baliarsingh, the second wife of the informant Gadadhar Baliarsingh (P.W. 5) on 2.10.1995 between 10.00 A.M. and 6.00 P.M. in village Naramanabi. The skeletal picture of the prosecution story, as unravelled during the course of trial is as follows :The informant, who is the husband of the appellant as well as the deceased, lodged an oral report at about 9.30 A.M. on 3.10.1994, which was reduced to writing by the Officer-in-charge of Tangi Police-Station vide Ext. 9/1, by stating that he had married the appellant 22 years preceding the incident. Out of their ...
Gopal Gouda Vs. State of Orissa
Court: Orissa
Decided on: Jul-23-2002
Reported in: 94(2002)CLT479
B. Panigrahi, J. 1. This appeal is directed against the order dated 19.5.1989 passed by the learned Sessions Judge, Ganjam, Berhampur, in S. C. No. 8 of 1989, convicting the appellant under Section 302 of the Indian Penal Code (for short 'IPC') and sentencing him to undergo imprisonment for life. The appellant was prosecuted forcommission of murder of his own wife Saraswati in his house in the night of 17/18.9.1988.2. The skeletal picture of the prosecution story, as unfolded during trial, is as follows :The appellant had two other brothers, who had partitioned their properties. A portion of a two roomed house, which was allotted to the share of the appellant, was occupied by him and his wife Saraswati. The other portion fell to the share of the husband of P.W. 10, Kumari Gouduni. Another brother occupied a house in the same village, which was situated at a little distance, and their mother was residing with him. The appellant and the deceased had no issue even after 13 years of their ...
Santanu Naik Vs. State of Orissa
Court: Orissa
Decided on: Jul-23-2002
Reported in: 94(2002)CLT515
B. Panigrahi, J.1. The appellant stood prosecuted for the commission of murder of one Sulochana Naik along with other two accused namely Sudaya Naik (since acquitted) and Narayan Naik punishable under Section 302/34, IPC.2. The prosecution story as unfolded in course of trial is as follows :On 18th August, 1999 at 8.30 A.M. while Sulochana Naik went to her field situated at a place called 'dadar', the appellant and his two associates were said to have followed her. Apprehending that the appellant might assault deceased Sulochana, her daughter-in-law (P.W. 1) along with P.W. 5 proceeded towards Tarava and noticed that the appellant along with others were assaulting the deceased. After Sulochana receiving injuries she fell down on the ground and succumbed to the injuries. The matter was reported by P.W. 1, the daughter-in-law of the deceased. On the basis of such report a case under Section 302/34, IPC was registered by the O.I.C., Tarava Police Station who immediately swung into action....
Y. Phanikumar Vs. State of Orissa
Court: Orissa
Decided on: Jul-22-2002
Reported in: 94(2002)CLT806
P.K. Tripathy, J. 1. Heard.2. In this Application under Section 482, Cr.P.C. petitioner challenges the order of cognizance in G. R. Case No. 1033 of 1994 of the Court of S.D.J.M., Berhampur, which was refused to be interfered with by learned First Addl. Sessions Judge, Berhampur on an application by the present petitioner, registered as Criminal Revision No. 59/51 of 1995-97.3. The allegation, as averred in the FIR, is relating to a rubbery committed on the informant by two persons, out of whom one was apprehended and is now facing the trial and the other, as alleged, is the petitioner. Because of his absconding, as noted by the investigating agency, a charge-sheet was submitted by showing him as an absconder and long after in the year 1997 without being surrendering in the Court of S.D.J.M. the petitioner moved for quashing of the order of cognizance on the ground that he has not been named in the FIR, and the statement of the co-accused implicating him is not sufficient to book him f...
Narayan Behera @ Dheu Behera Vs. State of Orissa
Court: Orissa
Decided on: Jul-19-2002
Reported in: 94(2002)CLT575
B. Panigrahi, J. 1. The accused in Session Trial No. 15 of 1995 of the Court of the District & Sessions Judge, Phulbani has challenged the order of conviction and sentence under Section 302, IPC whereby hewas directed to undergo imprisonment for life and to pay a fine of Rs. 5,000/- in default for further rigorous imprisonment for six months 2. The prosecution story as depicted in the trial Court's judgmen is as follows : The deceased Bachha Sahu was found going along with Gokuli Chandra Guru towards the bamboo depot site. Seeing them together Kartika Sahu had a brief talk with Bachha Sahu at about 11.31 A.M. on 7.8.1994, Kartika Sahu (P.W. 1) while changing his clothe; after taking his bath heard hue and cry that Bachha Sahu was being killed. Out of inquisitiveness P.W. 1 came to his verandah and noticed that appellant Narayan Behera, a co-villager, was proceeding towards Sudrukumpa village by shouting that he had committed murder of deceased Bachha Sahu and that he would commit murde...
Deepak Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-19-2002
Reported in: 94(2002)CLT570
P. K. Tripathy, J. 1. Heard. 2. In this application under Section 482, Cr.P.C. petitioner prays to quash the order of cognizance dated 15.12.1999 in G.R. Case No. 1515 of 1999. 3. Petitioner is the accused in G. R. Case No. 1515 of 1999 of the Court of S.D.J.M., Bhubaneswar and opposite party No. 2 is the informant in that case. According to the case of the prosecution,because of intimacy of the petitioner and the opposite party No. 2, they performed their marriage behind the back of their parents first in the temple and thereafter by registration of the marriage. Thereafter dispute arose between the parties. According to the informant after parents of both the parties came to know about the aforesaid marriage, parents of the petitioner started demanding dowry and petitioner joined with them on such demand and even after payment of substantial amount towards dowry further demands were made and on that account she was ill-treated, tortured and deserted. The aforesaid allegation was inve...
Smt. Nirupama Sethi Vs. Union of India (Uoi)
Court: Orissa
Decided on: Jul-19-2002
Reported in: 2004ACJ1212; AIR2003Ori10
A.K. Patnaik, J.1. This is an appeal against the order dated 21-5-2001 of the Railway Claims Tribunal, Bhubaneswar Bench in O.A. No. 57 of 2000 filed under Section 23 of the Railway Claims Tribunal Act, 1987.2. The appellant filed an application O.A. No. 57 of 2000 before the Railway Claims Tribunal, Bhubaneswar Bench for compensation against the respondent. The case pleaded in the said application was that on 7-2-2000 the appellant's husband late Udayanath Sethi boarded train No. 213 Cuttack-Puri Shuttle from Vani Vihar Passenger halt and he fell down and died. The railway filed written statement contesting the case of the appellant. No issues were framed by the Tribunal on the pleadings of the appellant and the railways and by the impugned order dated 21-5-2001,the Railway Claims Tribunal, Bhubaneswar Bench held that while Section 124-A of the Railways Act, 1989 was applicable to the case, no compensation was payable under the said section by the railway administration if the passeng...
Prakash Roadlines Ltd. Vs. Shree Jagannath Weavers' Co-operative Spinn ...
Court: Orissa
Decided on: Jul-18-2002
Reported in: AIR2003Ori17; 2002(II)OLR358
ORDERB.P. Das, J.1. In this revision application under Section 115 of the Code of Civil Procedure ('C.P.C.' hereinafter), the question falls for determination is--whether the conditions incorporated in the consignment note can confer jurisdiction on one Court where two or more Courts have the Jurisdiction to try a suit or proceeding?2. The facts leading to the present application are that O.P. No. 1, M/s. Shree Jagannath Weavers' Co-operative Spinning Mills Ltd. at Nuapatna under Tigiria Police Station in the district of Cuttack, has filed Money Suit No. 39 of 1999 in the Court of the Civil Judge (Senior Division), Athagarh, for recovery of a sum of Rs. 1,66,000/- towards loss of goods and a further sum of Rs. 50,000/- towards damages.3. The plaintiff-O.P. No. 1 on 21-9-1994 booked a consignment of 70. bales of cotton yarn with the transport company of defendant No. 1, namely, Prakash Headlines Ltd. for delivery at Kanchipuram in the State of Karnataka. On 1-11-1994 when the consignmen...
Peon @ Chatrubhuja Murmu Vs. State of Orissa
Court: Orissa
Decided on: Jul-16-2002
Reported in: 94(2002)CLT592
B. Panigrahi, J.1. In this appeal the appellant has challenged the legality, propriety and validity of the order of conviction and sentence under Section 302, IPC passed by the Sessions Judge, Mayurbhanj, Baripada, in Sessions Trial No. 207 of 1993 directing him to undergo imprisonment for life.2. The essential facts leading to this appeal are as follows :On 18.7.1993, the informant Budhan Marandi was working along with Kundi Marandi (deceased), Pio Marandi, Baha Majhi, Chaitan Majhi, Laxman Hembram, Balia Majhi and Gangadhar Patra in the construction work of a house of one Akuli Behera in Ward No. 9 of Rairangpur town. During lunch time between 1.30 P.M. and 2.00 P.M. while all the above persons were taking their lunch in a half constructed house belonging to one Narendra Kumar Singh situated near their place of work, the appellant, who was the husband of the deceased Kundi Marandi, entered into the said house and without any rhyme or reason plunged successive knife blows on the decea...
Srimati Dei and ors. Vs. Baidhar Barik
Court: Orissa
Decided on: Jul-15-2002
Reported in: 2002(II)OLR211
L. Mohapatra, J. 1. The legal heirs of the deceased plaintiff Baidhar Barik are the appellants before this Court against a confirming judgment. 2. The case of the plaintiff is that one Jagannath Barik was the owner of the suit lands and after his death the same devolved on his two sons, Baikuntha and Bauli. The aforesaid two sons remained joint and the settlement record of rights indicate such jointness. Thereafter, there was an amicable partition between both the brothers and the suit lands fell to the share of Baikuntha. While in possession of the suit lands Baikuntha died leaving behind his second wife Kuturi. Kuturi who succeeded to the suit property after death of her husband Baikuntha alienated some portions of her share in favour of one Michhu Mani and her minor son Adikanda Panda. Hema Dei, the daughter of Baikuntha through his first wife in connivance with her maternal uncle also transferred the same lands in favour of the defendants. Due to subsequent transfer made by Hema a ...
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