Court : Orissa
Reported in : 1991CriLJ3273
ORDERA. Pasayat, J.1. Petitioners assail correctness of the order passed by learned Sub-divisional Judicial Magistrate, Kendrapara (in short 'S.D.J.M.') in I.C.C. No. 75 of 1987 in taking cognizance Under Section 395 of the Indian Penal Code, 1860 (in short I.P.C.') against them.2. Factual antecedents in short are that on 13-2-1987 one Srikanta Kumar Das, son of present opposite party No. 1, submitted a written report in Nikirai Police Out-Post to the effect that at about 9 a.m. that day while his father was returning after taking bath, he was assaulted by some of the present petitioners and when his mother ran to the place of occurrence she was also assaulted. Allegations of brick batting and pelting of stones during the course of incident were also made. Alleging inaction by the police, he filed a complaint petition on 13-3-1987 in the court of the S.D.J.M., Kendrapara, which was registered as I.C.C. No. 75/87. An inquiry was undertaken Under Section 202, Code of Criminal Procedure, ...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ121
A. Pasayat, J.1. Petitioners assail their conviction and sentence as awarded by the learned Judicial Magistrate, first class, Baripada and affirmed by the learned Sessions Judge, Baripada.2. Prosecution case is that on 12-9-1982 a first information-report was lodged by the Electrical Sectional Officer, Construction, Betnoti alleging that in the night between 11-9-1982 and 12-9-1982 Low tension conductors of 12 spans had been stolen from Sarbana sub-station. During investigation and acting on some information, houses of the present petitioners were searched and some cut wires, aluminium articles and semi-finished aluminium products were seized. The seized aluminium wires were sent to the S.D.O., Electrical for opinion as to whether they are low tension conductors used by the Orissa State Electrical Board. The answer was in the affirmative. Therefore, the two petitioners and another Rabindra Kumar Patil (since acquitted) were sent for trial for offences punishable under Sections 379 and ...
Tag this Judgment!Court : Orissa
Reported in : II(1991)ACC626; 1992CriLJ116
A. Pasayat, J.1. Petitioner assails conviction and sentence awarded by learned Judicial Magistrate First Class, Bissam, Cuttack confirmed, in appeal by learned Sessions Judge, Koraput-Jeypore.2. Petitioner stood trial under Sections 279/304-A of the Indian Penal Code, 1860 (in short the 'IPC') and 118-A of the Motor Vehicles Act, 1939 (in short the 'MV Act'). According to prosecution, on account of rash and negligent driving of the petitioner, truck bearing registration No. ORR 1291 dashed against one Purna Chandra Pradhan, who suffered serious injuries and subsequently breathed his last in the Christian hospital, Bissam, Cuttack.3. Several witnesses were examined to further the prosecution case, and on evaluation of evidence, learned Magistrate came to the conclusion that the truck was being driven in a rash and negligent manner. He specifically referred to the evidence of the M.V.I. (P.W. 11). Learned Magistrate held that offences were clearly established and.therefore, convicted the...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ750
ORDERD.M. Patnaik, J.1. The above two revisions having arisen out of a common appellate judgment of the learned Additional Sessions Judge, Jeypore are being disposed of by this common order.2. One Bighnaraj Tripathy was the Sharistadar and Santosh Kumar Padhy, a Clerk and one Lokanath Mohanty Process Server in the office of the Judicial Magistrate, First Class, Umarkote in Koraput district. All of them faced their trial under Sections 465, 468, 471 and 420/34 of the Indian Penal Code (for short, the 'Penal Code').The Subordinate Judge-cum-Magistrate, First Class, Jeypore by his judgment dated 17-1-86 acquitted accused Bighnaraj Tripathy but convicted accused Santosh Kumar Padhy under Sections 465/468/471 of the Penal Code and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 100/- in default to undergo simple imprisonment for one month and rigorous imprisonment for three years for the offence under Section 471 of the Penal Code. Both the sentences ...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR729
A.K. Padhi, J.1. This appeal arises out of an application under Section 276 of (The Indian) Succession Act, 1925 (hereinafter referred to as 'The Act'). The plaintiff is the appellant who propounder of a will executed by her father Sudarsan Satpathy. Sudarsan Satpathy died on 2.11.1979 leaving behind his widow, plaintiff, a daughter and three grand children of two pre-deceased daughters. It is averred in the plaint that on 10.10.1977 about 2 years before his death, Sudarsan had executed a will duly attested in favour of the applicant, who happened to be his youngest daughter and the only surviving child. He had also got it registered in the office of the District Sub-Registrar, Dhenkanal on the same day. After the death of Sudarsan, appellant filed an application under Section 276 of the Act for probate of the will, left by her father which was registered as Original Suit No. 1/81. In the said suit, widow of late Sudarsan was impleaded as defendant No. 1, the children of pre-deceased d...
Tag this Judgment!Court : Orissa
Reported in : 1991CriLJ3214
ORDERA. Pasayat, J.1. Judgment of acquittal passed in appeal by the learned Sessions Judge, Balasore is impugned in this revision application by the informant.2. Opposite Party No. 1 faced trial for alleged commission of offence punishable under Section 436 of the Indian Penal Code, 1860 (in short 'IPC').3. Prosecution case bereft of unnecessary details is that on 6-11-1983 at 3 a.m., the accused-opposite party No. 1 set fire to house of informant resulting in great loss and damage to a row of houses belonging to the informant part of which was let out to tenants also. The motive for this crime was indicated to be rivalry between informant's brother and accused-opposite party No. 1 relating to puja committee affairs. The incident was reported to the Assistant Sub-Inspector in-charge of Rupsa Out Post on 6-11-1983 at 7 a.m.Plea of defence was one of denial and false implication was also pleaded.4. Prosecution to further its case examined six witnesses, P.W. 4 is the informant, P. W. 3 i...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ72
ORDERB.N. Dash, J.1. The conviction of the petitioner Under Sections 279 and 304-A, I.P.C. and the sentence imposed on him to undergo rigorous imprisonment for two months Under Section 279 and six months Under Section 304-A, IPC, which are affirmed in appeal, have been assailed in this revision.2. The prosecution case, shortly stated, is that on 6-6-1980 at about 6 p.m. while the deceased aged 70 years was returning to his house on foot carrying in a hand-bag some fish, oil etc., which he purchased in bazar, and was moving on his left side of the Grand Road of Puri town, the petitioner driving a bullock cart from his behind rashly and negligently dashed the cart from his back side. As a result of such dashing, the deceased fell down on the ground and thereafter, the left wheel of the bullock cart ran over his chest and he became unconscious. Thereafter, passers-by took him to the Headquarters Hospital, Puri but he succumbed to the injuries sustained by him. On receipt of a written repo...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ122
ORDERB.N. Dash, J.1. The conviction of the petitioner under Section 379, I.P.C. and sentence of rigorous imprisonment of three years imposed on him by the trial Court which are all upheld in appeal have been assailed in this revision.2. The facts are simple in nature. The prosecution case is that on 23-2-1981 at twilight time while the victim lady Jyotsnamani Panda (P.W. 8) and her daughter Usharani Panda (P.W. 2) were easing on a river bank, the petitioner stealthily came from behind and snatched away the golden chain from the neck of P. W. 3 causing some bruises in that region. P.W. 8 caught hold of the napkin of the petitioner but the latter snatched away the same and took to his heels towards Barudisahi of their village. At that time P.W. 8 shouted to return the necklace naming the petitioner and on hearing such shout one Bukhishyam Panda (P.W. 3) who was also easing nearby focussed torch light and with the flash thereof he could recognise that a person like the petitioner was runn...
Tag this Judgment!Court : Orissa
Reported in : 1991CriLJ3012
ORDERS.C. Mohapatra, J.1. Informant the Managing Trustee of Haridas Thakur Trust, Swargadwar, Puri is the petitioner in this application for revision against order of the Trial Court discharging accused in exercise of power under Section 239 Cr. P.C.2. On 24-8-1984, petitioner filed an application before officer-in-charge, Sea Beach Police Station Puri with copies to Superintendent of Police, Puri and Director General of Police, Orissa alleging that to facilitate availability of Prasad (food offered to deity) to visitors and Sadhus, the trust purchases rice and paddy in bulk quantities. Accused who was a regular visitor offered to arrange paddy being supplied from Berhampur. Accused is a Sanskrit Pandit in a College at Puri. He made petitioner to believe that his brother-in-law is a big rice dealer and he can supply fine rice at a cheaper cost. Since accused was a frequent visitor to the math and was a Sanskrit Pandit taking prasad very often, petitioner relied on his version and paid ...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ243
ORDERL. Rath, J.1. The petitioners, both brothers, have preferred this revision assailing the conviction and sentence Under Section 120-B read with Section 420, IPC and Under Section 420 read with Section 34, IPC as also the conviction of petitioner No. 1 Under Sections 409, 467, 468 and 477-A, IPC and of petitioner No. 2 Under Sections 419, 467 and 467 read with Section 471, IPC. Both of them were sentenced to undergo RI for three years and fine of Rs. 3000/-, in default to undergo RI for a further period of six months on each count. The conviction and sentence were challenged in appeal which also proved abortive.2. The allegations against the petitioners as revealed by the prosecution are that the petitioner No. 1 was the Officiating Branch Manager during the period 12-7-1976 to 22-3-1977, except for some days in between when he remained on leave, due to the absence of the Branch Manager (P.W. 4) of the State Bank of India, Evening Branch at Buxibazar, Cuttack. The Branch Manager rem...
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