Orissa Court August 2003 Judgments
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Khyamasagar Baina Vs. State
Court: Orissa
Decided on: Aug-01-2003
Reported in: 2004CriLJ2225; 2003(II)OLR255
A.S. Naidu, J.1. The appellant and one Prasanta Kumar Dora who were serving as a Peon and a Junior Clerk respectively at the George High School, Bargarh faced trial for alleged commission of offences under Section 13(1)(d)/13(3)/7 of the Prevention of Corruption Act read with Section 34 of the Indian Penal Code.2. Berefit of all unnecessary details, the short facts of the case are that P.W. 3, an ex-student of the George High School, Bargarh had discontinued his studies in the year 1988 and had taken his transfer certificate from the school. Unfortunately his transfer certificate was eaten away by white-ants. So in the month of May, 1995 he applied to the Headmaster of the aforesaid school for issue of a duplicate transfer certificate. His application was sent to Prasanta Kumar Dora, the Clerk-in-charge. The latter asked P.W. 3 to contact the appellant-Peon. It was alleged that when P.W. 3 met the appellant and asked him about the paraphernalia, the latter advised him to make a Station...
Rajat Kumar Das Alias Dipu Das and ors. Vs. Republic of India and ors.
Court: Orissa
Decided on: Aug-01-2003
Reported in: 2004CriLJ224; 2003(II)OLR428
ORDER1. Relying upon Section 6 of the Commissions of Inquiry Act, 1952, a petition was filed before the learned Sessions Judge, Khurda at Bhubaneswar in S.T. No. 161 of 1999 and S.T. No. 53 of 2000 by the accused persons under Section 340, Cr. P.C. praying for drawing up prosecution against P.Ws. 3, 15, 36 and 39 for having deliberately given false evidence in the Sessions Trials. The said petition having been rejected by order dated 15-2-2003, the present Criminal Misc. case is filed.2. The accused-petitioners are facing trial under Section 302, I.P.C. read with other sections for committing murder of Graham Stains and others. The Central Government by Notification had appointed Justice D. P. Wadhwa under the Commissions of Inquiry Act to inquire and report. The report was submitted and was placed before the Union Cabinet and was approved. According to the petitioners who are accused in the abovementioned Sessions cases, the aforesaid P.Ws. were also examined in the Wadhwa Commission ...
Kishore Oram and ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-01-2003
Reported in: 2003(II)OLR263
A.S. Naidu, J.1. The appellants in all these Jail Criminal Appeals faced trial for alleged commission of offence under Section 376(2)(g) of the Indian Penal Code in the Court of the Addl. C.J.M.-cum- Assistant Sessions Judges, Rourkela in S.T. No. 224/60 of 1996.2. On the basis of an FIR lodged by Laxmi Tirki (P.W. 1) the criminal action was set in motion. Shorn of all unnecessary details, the short facts alleged in the said FIR were that on 10.5.1996 at about 9 p.m. taking advantage of a beautiful moonlit night, P.W.I and her boy friend Birendra (P.W.7) along with her friend Marsha Lugun and her boy friend Sunil (P.W. 5) were chatting with each other in a field near the house of one Clara Kor.The love birds were sitting apart from each other and were busy in the world of their own. After some time P.W. 1 and Marsha strolled towards a nearby hillock and P.W. 7 and P.W. 5 followed them. Near the hillock P.W.I and P.W. 7, so also Marsha and P.W. 5 again resumed their chatting. All of a s...
Nani Gopal Panda Vs. State of Orissa
Court: Orissa
Decided on: Aug-01-2003
Reported in: 2003(II)OLR598
Sujit Barman Roy, C.J.1. This appeal at the instance of the appellant Nani Gopal Panda is directed against the judgment dated 24.11.1992 passed by the learned Sessions Judge, Balasore in Sessions Trial No. 147 of 1991 convicting the appellant under Section 302, IPC and sentencing him thereunder to rigorous imprisonment for life.2. The prosecution case, in brief, is that on 10.6.1991 at about 3.45 P.M., P.W.I Sakuntala Das lodged a complaint at Soro Police Station stating, inter alia, that her grand uncle- in-law Shyam Sundar Dash had a concubine by name Satyabhama Dash. After death of said Shyam Sundar Dash, Satyabhama Dash was enjoying her share of the property left behind by Shayam Sundar Dash. Said Satyabhama Dash had two daughters. Her elder daughter Basanti Panda died and her second daughter Damayanti Panda being the wife of appellant Nani Gopal Panda was staying in the said property. Litigations were pending between the parties.3. On that very day at about 8. A.M. in the morning ...
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