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Orissa Court June 2009 Judgments

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Jun 22 2009

Surendra Dharua Vs. State of Orissa

Court: Orissa

Decided on: Jun-22-2009

Reported in: 2009CriLJ3904

A.S. Naidu, J.1. The judgment and order of conviction dated 8th January, 1996 paseed by learned Sessions Judge, Bolangir, convicting the appellant for commission of offence under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life in S. C. No. 61 of 1995 are assailed in this appeal.2. The criminal action was set to motion by an information given by Gobinda Dharua, P.W. 4, which was reduced to writing by P.W. 13, the then O. I. C., Lusinga Police Station. It is alleged that in the early morning of 24th December, 1994 the dead body of Khedu Dharua was found lying with pool of blood on the floor of the temple of Lord Radha Krishna Jew situated at Badibahal. Hearing the said news, several villagers gathered so also Purna Dharua, P.W. 5, the nephew of the deceased. Noticing the said scene, he rushed to his house and intimated the other inmates of the family. Then he went to the police station with his brother Gobinda Dharua, P.W. 4 and lodged the F.I.R. On the basi...


Jun 17 2009

Biranchi Gadtya Vs. State of Orissa

Court: Orissa

Decided on: Jun-17-2009

Reported in: 108(2009)CLT551

Pradip Mohanty, J.1. This appeal is directed against the Judgment & Order Dated 18.05.1989 passed by the Addl. Sessions Judge, Bolangir in S.C. No. 2/2 of 1989 convicting the Appellant under Section 457/325 IPC and sentencing him to undergo rigorous imprisonment for one year on each count; the sentences to run concurrently.2. The case of the prosecution is that in the night of 22.06.1988, while P.W.4 was sleeping in her house, the accused-Appellant, who is the father-in-law of her son, trespassed into the house and having said that he would kill her, pressed her neck by both his hands and dealt fist blows on her. When her son (P.W. 3) intervened, the Appellant pushed him away. As her son raised alarm, the Appellant fled away. Due to assault, P.W.4 sustained injury on her neck and one of her teeth from the upper jaw was dislocated. Thereafter, P.W.4 was taken to the Chudapali P.H.C. and on police requisition she was medically examined. P.W.3 lodged the F.I.R. at Dungripali Out-post. Inv...


Jun 17 2009

Rama Chandra Ghanta Vs. State of Orissa

Court: Orissa

Decided on: Jun-17-2009

Reported in: 109(2010)CLT141

Pradip Mohanty, J.1. This appeal is directed against the Judgment and order dated 30.09.1988 passed by the Addl. Sessions Judge, Bhubaneswar passed in S.T. No. 24/213 of 1985-84 convicting the Appellant under Section 325 IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000 (one thousand), in default to undergo further rigorous imprisonment for one month.2. The case of the prosecution is that the deceased and the Appellant belong to village Mahukuna. A dispute arose regarding possession of Taila land measuring about 18 gunths between the deceased and his son on one side and the Appellant and his father on the other. A settlement was effected through the intervention of the police, according to which the deceased had been cultivating the disputed land. In the year 1984, as usual, the deceased and his son raised paddy crop in the said land. Since there was over growth of grass weeds, the son of the deceased on 09.07.1984 at about 4 P.M. dr...


Jun 03 2009

Dhirendra Kumar Hota Vs. State of Orissa and Two ors.

Court: Orissa

Decided on: Jun-03-2009

Reported in: 2009(II)OLR593

A. Pattanayak, Member (A)1. The facts of the case are that the applicant who is a Senior assistant was charged vide Departmental proceeding No. OE-A-II-94/-02/19450/R dtd. 17.4.02, (Annexure-4), order with disobedience of Govt. Order, negligence of duty and temporary misappropriation of Government money for having received Rs. 30,000/-sanctioned vide Annexure-1 & 2, for expenses in connection with suit No. 10 and 11 of 1968 - State of Orissa v. State of A.P. in the Hon'ble Apex Court and not accounting for the said money in time and depositing the same on a later date as indicated in the charge. Thereafter, as per order No. OE(A) II-94/02 47500/R dated 21.09.02 (Annexure-7), the disciplinary authority appointed the Inquiry Officer and Marshalling Officer though the applicant had prayed for further time for replying to the charge. Thereafter, an additional charge unconnected with the principal charge was issued vide No. OE(A)ll-94/02-23355/R on 8.5.02. Subsequently, inquiry report relat...


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