Orissa Court December 2010 Judgments
Santosh Kumar Das Appellant Vs State of OrissA.
Court: Orissa
Decided on: Dec-22-2010
1. All the five appeals are directed against the judgment and order passed by the learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in S.C. No. 78 of 1996. Altogether eight accused persons were facing charges under Sections 147, 148, 324 read with 149, 307 read with 149 and 302 read with 149 I.P.C. before the learned trial court.2. By the impugned judgment appellants Rudra Prasad Das, Rohit Barik and Manatu @ Dayanidhi Barik were convicted under Sections 302 read with 34 I.P.C. and were sentenced to undergo imprisonment for life. Appellants Rohit Barik and Santosh Kumar Das were convicted under Sections 307 read with 34 I.P.C., whereas appellant Sisir Choudhury was convicted under Section 307 I.P.C. Appellants Santosh Kumar Das and Sisir Choudhury were sentenced to undergo R.I. for five years each but no sentence was awarded to appellant Rohit Barik under Section 307 I.P.C. in view of sentence awarded to him under Sections 302 read with 34 I.P.C. Accused Ratan Kumar Agarwal, wh...
Tag this Judgment!Santosh Kumar Das Vs State of OrissA.
Court: Orissa
Decided on: Dec-22-2010
1. All the five appeals are directed against the judgment and order passed by the learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in S.C. No. 78 of 1996. Altogether eight accused persons were facing charges under Sections 147, 148, 324 read with 149, 307 read with 149 and 302 read with 149 I.P.C. before the learned trial court.2. By the impugned judgment appellants Rudra Prasad Das, Rohit Barik and Manatu @ Dayanidhi Barik were convicted under Sections 302 read with 34 I.P.C. and were sentenced to undergo imprisonment for life. Appellants Rohit Barik and Santosh Kumar Das were convicted under Sections 307 read with 34 I.P.C., whereas appellant Sisir Choudhury was convicted under Section 307 I.P.C. Appellants Santosh Kumar Das and Sisir Choudhury were sentenced to undergo R.I. for five years each but no sentence was awarded to appellant Rohit Barik under Section 307 I.P.C. in view of sentence awarded to him under Sections 302 read with 34 I.P.C. Accused Ratan Kumar Agarwal, wh...
Tag this Judgment!Sanatana Naik and anr Vs State of Orissa and anr.
Court: Orissa
Decided on: Dec-22-2010
1. The present application has been filed by the petitioner under Section 482 Cr.P.C. with a prayer to quash the criminal proceeding in G.R. Case No.1 of 2010 pending before the learned J.M.F.C., Soroda, corresponding to Badagada P.S. Case No.1 of 2010 pursuant to the F.I.R. lodged by the informant (father of petitioner no.2 and opposite party no.2 in the present petition).2. This Court vide order dated 19.11.2010 directed the Registry to ascertain as to whether any counsel has entered appearance on behalf of Opposite Party No.2 for which appearance date had been fixed to 3.9.2010. Even though the office note dated 8.9.2010 indicates relating to the sufficiency of service of notice since the A.D. of such registered notice had been received back by the Registry, pursuant to the aforesaid direction, office note dated 24.11.2010 indicates that no counsel has entered appearance for the informant-Opposite Party No.2.3. Learned counsel for the petitioners relied upon the statement of the all...
Tag this Judgment!Revana Siddappa Vs State of OrissA.
Court: Orissa
Decided on: Dec-21-2010
1. In the present application under Section 401 Cr.P.C. challenge has been made to an order dated 1.11.2010 passed in C.M.C. No. 214 of 2010 passed by the learned S.D.J.M., Keonjhar, by which order an application filed under Section 457 Cr.P.C. filed by the petitioner for and on behalf of Ashok Transport as its power of attorney holder came to be rejected, inter alia, on a finding that, while the Bus bearing temporary Registration No. KA-25TC-1054 involved in the accident and release of the vehicle sought for belongs to the TATA Motors Limited, the power of attorney filed by the petitioner was not by TATA Motors Limited, but by Ashok Transport, who was not the owner of the vehicle in question.2. Mr. Nayak, learned counsel for the petitioner placed reliance on a "Transportation Agreement" entered into by Ashok Transport with TATA Motors Limited, in terms of which the vehicle in question was being transported from Dharward in the State of Karnataka to RSO Kharagpur in the State of West B...
Tag this Judgment!State of OrissA. Vs. Durjo @ Duryodhana Sanamajhi and ors.
Court: Orissa
Decided on: Dec-17-2010
1. Mahanty, J. The State of Orissa has filed the present application under Section 482 Cr.P.C. seeking to challenge the order dated 20.2.2010 passed by the learned Adhoc Addl. Sessions Judge, FTC-II, Phulbani in Sessions Trial No.18 of 2009 (ST 3/09-FTC-II) with a prayer to allow P.Ws.17 and 18 to be recalled for further examination in course of the trial.2. The brief facts leading to the present case is that on 23.8.2008, an F.I.R. was filed by one Brahmachari Madhab Chaitanya regarding the murder of Swami Laxmanananda Saraswati. Investigation was taken up by the police and Final Form was filed against the opposite parties. The police placed reliance on the evidence recorded under Section 161 Cr.P.C. of a number of witnesses including Mahasing Kanhar (P.W.17) and Birendra Kanhar (P.W.18), both are residents of the district of Kandhamal and were cited to be examined as prosecution witnesses, since the investigation revealed that they had narrated crucial evidence leading to the homicid...
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