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Court : Orissa
Reported in : 73(1992)CLT513; 1992CriLJ863
B.N. Dash, J.1. All the seven appellants were tried for the offences under Section 9-B of the Explosives Act, 1884 (for short 'the Act') and Under Section 395, IPC by the learned Additional Sessions Judge, Jajpur. While acquitting all the appellant of the charge Under Section 9-B of the Act, the learned Additional Sessions Judge convicted all the appellants Under Section 395, IPC and sentenced each of them to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for a further period of two years.2. The prosecution case, shortly stated, is that on 1-9-1987 at about 11.30 p.m. the informant Shyam Sunder Pradhan (P.W. 1) and his family members consisting of his wife Soli Dei (not examined), his two sons Surendra Pradhan (P.W. 2) and Sridhar Pradhan (not examined), his daughter Laxmipriya (not examined) and his daughter-in-law Smt. Kataki Pradhan (P.W. 3) went to sleep after dinner. While P.Ws. 1 and 3 slept on the oute...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ2204
G.B. Patnaik, J.1. Petitioners have invoked the inherent jurisdiction of this Court Under Section 482 of the Code of Criminal Procedure for quashing the order of cognisance dated 8-3-1989 by which order the Magistrate has taken cognizance of the offences Under Sections 436/149 and 147, I.P.C.2. The petitioners' case in brief is that an arson took place in the Harijan Busti on 8-4-1988 and on the basis of an information to that effect, the police registered a case and started investigation. While the police was preceding with the investigation, a complaint was filed by opposite party No. 2 on 19-4-1988. The Magistrate recorded the initial statement of the complainant on 20-4-1988 and instead of issuing process directed an enquiry Under Section 202 of the Code of Criminal Procedure. In the enquiry the complainant produced his witnesses. Finally on the basis of the available materials the Magistrate took cognizance of the offences by the impugned order dated 8-3-1989. The G.R. case which ...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ3503; 1992(II)OLR163
G.B. Pattnaik, J.1. The learned Additional Sessions Judge, Ganjam, Berhampur, having convicted the accused Under Section 302. Indian Penal Code, and having sentenced him to be hanged by the neck tilt he is dead has made the reference to this Court Under Section 366 of the Code of Criminal Procedure. The accused has preferred the Criminal Appeal from the Jail against his conviction and sentence passed by the learned Additional Sessions Judge Under Section 302 as well as Under Section 324, Indian Penal Code. By the judgment of the learned Additional Sessions Judge, the accused has been convicted Under Section 302, Indian Penal Code for killing a young girl called Sabita Reddy and has further been convicted Under Section 334, Indian Penal Code, for causing hurt to PWs 1 and 10 and has been sentenced to rigorous imprisonment for two years on that Count.2. The prosecution case, in brief, is that one and half years prior to the date of occurrence, a quarrel had ensued between the accused and...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ2592
D.M. Patnaik, J.1. This is a revision against the order dated 2-12-1987 of the Sub-Divisional Judicial Magistrate, Bolangir in G.R. Case No. 440 of 1986. By the impugned order, the Sub-Divisional Judicial Magistrate after closure of the prosecution evidence asked the prosecution to prove certain documents and examine the Collector and the Handwriting Expert in the case. Aggrieved by the said order, the petitioner is in revision.2. The petitioner has been charge-sheeted for the offence under Sections 465/471, I.P.C. The allegation against the petitioner, as disclosed from the F.I.R., is that he appeared in an interview for selection to one of the posts of Lecturer in the Bidyabhusan Sanskrit College, Bolangir, on the basis of an 'interview card' which was alleged to have been forged. This was suspected to be forged just before the file was put up before the Collector who happened to be the Chairman of the Governing Body of the College for his approval and accordingly, the matter being r...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ2183
K.C. Jagadeb Roy, J.1. The complainant in ICC Case No. 88 of 1981 is the petitioner in this case. The complainant made complaint against 23 accused persons. After the inquiry Under Section 202, Cr. P.C., the learned Magistrate directed by his order dated 10-7-84 that cognizance be taken. Notice was issued to all accused persons including Binod Bihari Mohapatra, the present opposite party who appeared in the court and were released on bail. Charge was framed Under Section 342/34, I.P.C. against all the accused persons. While Anadi and Maheswar, two of the accused persons were also charged Under Section 452, 384/34, IPC. By mistake. Binod was not shown in the charge sheet and in place of Binod, the name of Dinabandhu appeared in the charge sheet. The complainant led the evidence and after conclusion of evidence, the case was posted for recording statements of the accused persons. On 17-10-1987 the complainant made a petition before the trial court stating that there was bona fide mistake...
Tag this Judgment!Court : Orissa
Reported in : [1992]193ITR344(Orissa)
A. PASAYAT J. - At the instance of the assessee, the following question has been referred by the Income-tax Appellate Tribunal, Cuttack Bench (in short 'the Tribunal') for adjudication under section 256(1) of the Income-tax Act, 1961 (in short'the Act') :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of section 36(1)(iii) of the Income-tax Act, 1961, the assessee entitled to the deduction of interest of Rs. 1,97,616 while computing its income from business ?'The factual position as culled from the statement of case submitted by the Tribunal is as follows :The assessee is a limited company deriving income from business in the manufacture and sale of ferro-silicon. During the assessment year 1975-76, corresponding to the previous year ending on December 31, 1974, the assessee invested a sum of Rs. 14 lakhs in equity shares of a company styled Indian Metals and Carbide Ltd. (hereinafter referred to as 'the subsidiary company'). Apart from the a...
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT253; 1992CriLJ2154
ORDERB.N. Dash, J.1. The prosecution case, shortly stated, is that on 9/10-2-1984 at about midnight time while the informant Susil Kumar Dandpat was sleeping in the outer varandah of their house in village Machilapada under Badasahi Police station, District Meyurbhanj and the other inmates of the house including Sirish Chandra Dandpat (P.W. 1) and Sunilkumar Dandpat (P.W. 14) were sleeping inside the house bolting the entrance door from inside, there was barking of dogs for which P.W. 5 woke up and found that there was flashing of torch lights at some distance. After proceeding for some times when P.W. 5 asked in a raised voice as to who were focussing the torch lights, some people rushed at him and at their sight he ran towards his house shouting on the way to open the entrance door. Before the miscreants could approach him, the entrance door was opened and he entered into the house and bolted the door from inside. The miscreants dashed against the entrance door, but the same did not ...
Tag this Judgment!Court : Orissa
Reported in : 1994(46)ECC137; 1994(74)ELT802(Ori)
G.B. Patnaik, J.1. The notice issued to the petitioner No. 1 Company by the Assistant Collector of Central Excise and Customs under Section 11A(1) of the Central Excises & Salt Act (hereinafter referred to as the 'Act'), annexed as Annexure-2, has been assailed by the petitioners in this writ application. By the said notice, the Petitioner-company has been called upon to show cause as to why a duty of central excise amounting to Rs. 5,76,180/- should not be paid by the petitioner on 540 metric tonnes of charge-chrome valued at Rs. 52,38,000/- at the rate of Rs. 9,700/- per metric tonne under Section 11A(1) of the Act and a duty of central excise amounting to Rs. 2,50,450/- should not be paid by the petitioner on 2,504.5 metric tonnes of charge-chrome slag valued at Rs. 25,04,500/- at the rate of Rs. 1000/- per metric tonne under said Section 11A(1) of the Act and further why a penalty should not be imposed on them under Rule 173(Q) of the 'Rules' for the period 1-4-1983 to 5-8-1983. Th...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ762
D.M. Patnaik, J. 1. This appeal from the jail is by the convict, sentenced to imprisonment for life by the learned Sessions Judge, Sundargarh, for murder of his wife Raimati.2. Prosecution case is, on 30-11-1985 during evening hours, the appellant killed his wife Raimati with a sickle by cutting her throat. After this fact was made known to P.W. 1 who was relaxing in his house with others, by P.W. 4 all of them went to the house of the appellant and found Raimati lying dead inside the room with a cut injury on the neck with profuse bleeding. They went to the Sarpanch of the village. Since darkness had already set in, they could not report the matter at the police station which is far off the village. On the following day on 1-12-1985 they reported the matter at 8.30 a.m. at Dhuruadihi Police Out-Post. The A.S.I. of the Out-Post entered the report in the station diary register which was subsequently registered at the Bhasma Police Station. After completion of the investigation, the appe...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ1751
J.M. Mahapatra, J.1. Both these appeals filed by the two accused persons arise out of a common judgment in S.T. Case No. 27 of 1986 of the learned Sessions Judge, Keonjhar convicting both the appellants Under Section 302/34, I.P.C. and sentencing them each to life imprisonment. This common judgment would govern both the appeals.2. Put briefly, the facts of prosecution case are these. The incident took place in the night of 18-3-86 in village Radhapur. On the previous day the deceased along with his wife had gone to his sister's place in village Radhapur to observe Phula Baguni, locally known as Nuakhia festival. The brother of the deceased with his family members who had also gone there returned to their village Pingu Patna in the night. It is stated that the deceased leaving his wife in Radhapur was returning to his village, when he was attacked by the two appellants and dealt severe blows by means of axe, as a result of which he succumbed to the injuries on the Goda land of one Manga...
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