Orissa Court October 2009 Judgments

Ramesh Naik Vs. State of Orissa

Court: Orissa

Reported in: 2009(II)OLR889

B.K. Nayak, J.1. he judgment and order passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 20/18 of 1999 convicting the appellant under Section 302, I.P.C. and sentencing him to undergo imprisonment for life has been assailed in this appeal.2. The short prosecution case, as set out in the F.I.R. lodged by one Jasoda Ranabansia (P.W.3) is that the son of the informant, namely, Chabila Ranabansia had caught a parrot from a mango tree and had kept in his house. On 10.07.1998, at about 6.00 A.M. while, the informant and her husband, Rabi Ranabansia were tending cattle near the village, the accused-appellant, Umesh Naik came there and abused the husband of the informant in filthy language stating that his son had caught and kept the parrot belonging to him. The informant's husband having protested and refused to give back the parrot, the appellant picked up a Merha (wooden lathi) from the spot and dealt a blow on his head, as a result of which, he fell down sustain...

Dr. Nilamani Mohanty Vs. State of Orissa

Court: Orissa

Reported in: AIR2010Ori28

ORDERM.M. Das, J.1. Heard learned Counsel for petitioner, learned Counsel for the State representing opposite parties 1 to 3, Mr. G.A.R. Dora, learned Counsel for the opposite party Nos. 4 and 6 and Mr. R. C. Mohanty, learned Counsel appearing for the Medical Council of India.2. The petitioner in this writ petition has called in questions the legality of fixing the cut-off date as 31-3-2009 in Clause-1. 3 of the prospectus for admission to Post-Graduate Super Speciality Courses at S.C.B. Medical College, Cuttack. He has also prayed for issuance of a writ of mandamus directing the opposite parties 1 to 3 to give admission to the petitioner as against one of the four seats in the said course. Pursuant to the advertisement, the petitioner made an application to appear in the entrance test which was scheduled to be held on 26-6-2009. Such application was made by the petitioner on 21-6-2009. The last date for acceptance of the application was fixed as 22-6-2009. A merit list was published i...

Ardhu ChendreyA. Vs. State of OrissA.

Court: Orissa

1. of a fair trial. Even in cases of most heinous offence, which shakes human conscience, a person cannot be convicted or condemned without a regular trial as per the procedure established by law. Only after a regular trial, in which the accused is given enough opportunity of defending himself, can an individual be convicted of any felony. This is a case where on the face of it, the court is very concerned about the crime and the way it was perpetuated. However, the court has to take a perspicacious view of the matter and see if the conviction recorded by the learned Sessions Judge and the order of sentence i.e. death penalty, which has been referred to this Court under Section 366 of the Code of Criminal Procedure, 1973, hereinafter referred as "the Code," for brevity, are correct or not.2. The condemned prisoner-appellant, hereinafter referred as the 'accused' for brevity, was charged for the offences under section 302, 376 (2) (f) of the Indian Penal Code, 1860, hereinafter referred...