Court : Orissa
Reported in : 97(2004)CLT302; 2004CriLJ2214; 2004(I)OLR367
..... passerby the learned s.d.j.m., bhubaneswarin 2(c) c.c. no. 4 of 1998 taking cognizance of offences under section 420 of the indian penal code read with section 3(k), 29 and 33 of the insecticides act, 1968. criminal misc. case no. 2731 of 1999 is directed against the order dated 13.1.1999 passed by the learned s. ..... d.j.m., dhenkanal in i.c.c. case no. 2 of 1999 taking cognizance of offence under section 420 of the indian penal ..... disposed of.3. learned counsel for the petitioners sri routray referring to section 24 of the insecticides act contended that as provided in the said section, the insecticide analyst to whom a sample of any insecticide has been submitted for test, shall within a period of 60 days deliver to the insecticide inspector a signed report in duplicate in the prescribed form. in the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori267
..... advocate-general that the mere proof of the passing of money from p. w. 1 to the accused is enough to displace the presumption of his innocence.9. section 4 of act ii of 1947 requires that the prosecution should prove that the accused accepted or agreed to accept the amount as a gratification. 'accept' means 'to take or ..... aforesaid statement in the evidence of bhoramall on which the learned lower court and my learned brother also have relied much is inadmissible due to non-compliance with section 145 of the evidence act. even if the nagpur view 'muktawandas ajabdas v. emperor', air 1939 nag 13 is followed, no weight can be attached to it due to such non ..... bhoramall that he (purushottam) had not met the c. s. o., before and wanted bhoramall to accompany him. this is the principle laid down in section 145 of the evidence act which makes it absolutely mandatory that before a witness can be contradicted by his previous statement his attention must be drawn to that statement so as to give .....
Tag this Judgment!Court : Orissa
Reported in : 1972CriLJ219
..... from him, and that no register was maintained for the supply of the said insecticide. he further stated therein that though pholidol was being sold to the villagers, he supplied the same free to duryodhan. in his cross-examination under section 154, evidence act. he negatived the prosecution suggestions that he stated before the police that in the ..... liable to be sot aside,26. in the result, therefore, the conviction of the two appellants kandia sahu and sadananda biswal (appellants in criminal appeal no. 151 of 1968) under section 120b(1), i. p. c. and the sentences passed against them thereunder are hereby set aside and they are acquitted of the same. they if in custody, ..... deceased. she sent the viscera of the dead body for chemical examination in a packed and sealed content. the chemical examiner's report. ext. 12 dated 13-3-1968, mentions that parathion (pholidol) was detected in the viscera, on seeing the said report in the court, she opined that the death of the deceased was due to .....
Tag this Judgment!Court : Orissa
Reported in : 2007CriLJ958; 2007(I)OLR109
..... for chemical examination. on chemical examination, the director of state forensic laboratory opined 'insecticidal alkaloidal and metallic poison could not be detected in the viscera'.in course of investigation twenty-one persons were examined whose statements were recorded under section 161 crpc out of whom the informant-father, mother and elder sister of the ..... the said fir, jharsuguda police registered p.s. case no. 413 of 2005 for commission of alleged offences punishable under sections 498-a/304-b/34 ipc and section 4 of dowry prohibition act.investigation commenced and on police requisition an executive magistrate was deputed to conduct inquest over the dead body. it appears from the ..... petitioners they should be directed by this court to be released on bail.to fortify his submissions, mr. dhal added that the petitioners and their family members acted in a most normal, reasonable and prudent manner. they called in a doctor at 3 o' clock in the night, intimated the police soon after the .....
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ4439
..... was lodged at the tamka police station and the same was registered as tamka police station case no. 50(10) of 1993 under sections. 147, 148, 149, 368, 302, 325, 506, ipc read with section 27 of the arms act. investigation of the case was subsequently taken over by the crime branch of the state police. on the basis of an application ..... also no material as regards the conspiracy in order to facilitate the act or commission of suicide. in the case of krushnahari debnath v. state (1995) 1 orissa lr 658, this court held :-.the offence of 'abetment' must naturally conform to the definition of that term as given in section 107, ipc that is to day, there must be instigation, co ..... thereof, is said to aid the doing of that act.in the instant case, at the outset without going into evidence, i have to examine if the story of fir is accepted in its entirety, whether a prima facie case has been made out to fasten the petitioner with the offence under section 306, ipc.admittedly, the petitioner was the i. .....
Tag this Judgment!Court : Orissa
Reported in : 2010CriLJ498
..... kept viscera for chemical examination. the chemical examination of the viscera was done by the state forensic laboratory. the report of chemical examination reveals that, no common insecticidal alkaloidal and metallic poison could be detected in the viscera of the deceased. so, the chemical examination report is not in a position to throw any light with ..... of p. ws. 1 to 3, the judgment of conviction and the sentence recorded on such reliable evidence, in view of the presumption under section 113-b of the indian evidence act, cannot be found fault with. so he submits that the appeal is devoid of any merit.5. before delving into the merit of the case ..... against them by the police and investigation was taken up. after completion of the investigation, charge sheet was placed against the appellants alleging commission of offences under sections 498-a/ 304-b/34, ipc to have been committed by them and the trial court convicted and sentenced the appellants as stated above.the appellants faced .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori91
..... photographi-cal apparatus and materials of paper, board plastic rubber and elastomer base.(iv) oils, colours, paints, varnishes, lacquers, pigments, enamels, dyestuffs, fertilizers, pesticides, insecticides, surface active agents and glycerine.(v) carbons, inks, paper and stationery goods.(vi) petrochemicals and other synthetics, chemical and other substances of all kinds, basic intermediate or ..... locality of its operations or otherwise.'4. subsequently by another resolution of the company (annexure 'd') duly passed is accordance with sub-section (2) or section 189 of the act at an extraordinary general meeting of the members held on the 6th december 1967 at the registered office of the company, after due ..... its business all over the country. by a special resolution of the company (annexure-'b') duly passed in accordance with sub-section (2) of section 189 of the companies act, 1956 at the 27th annual general meeting of the members held on the 21st july 1966 at its registered office after due .....
Tag this Judgment!Court : Orissa
Reported in : 39(1973)CLT1221; 1974CriLJ217
..... /109, i.p.c. against p.w. 1, s. c. bebarta. hence cognizance under sections 409/109, i.p.c. is taken against him.section 109, i.p.c. runs thus:section 109. whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this code for the punishment of such abetment ..... punishment provided for the offence.abetment is defined in section 107, i.p.c.:section 107. a person abets the doing of a thing, who-first- instigates any person to do that thins; orsecondly- engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ1043; 2008(II)OLR661
..... that the revision is not maintainable. the materials on record do not justify framing of charges against the petitioners for alleged commission of offences under section 12 of the p.c. act and section 201 of the i.p.c.therefore, that part of the impugned order passed by the learned special judge (vigilance), balasore by which charge ..... that even if allegations made against the petitioners are accepted on face value, there is no prima facie case allowing scope to frame charge under section 12 of the p.c. act and section 201 of the i.p.c. such being the nature of challenge made against the impugned order, obviously in case the question raised in the ..... an open place does not amount to causing of disappearance of offence.19. in the present case, even though it is alleged that the petitioners committed acts which constitute offence under section 201 of the i.p.c., admittedly a case was registered against the complainant in connection with the investigation of which the decoy - complainant in the .....
Tag this Judgment!Court : Orissa
Reported in : 1998(2)ALT(Cri)22; 86(1998)CLT485; 1999CriLJ738
..... such presence of those who in one way or the (other) facilitate the execution of the common design in itself tantamount to actual participation in the 'criminal act'. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed at the spot ..... act in the same manner as if it were done by him alone. in section 33, the word 'act' denotes as well a series of acts as a single act. the criminal act refers to the totality of the series of acts reflecting the unity of the criminal behaviour which resulted in the ..... and thereby intended by all of them.14. section 34, i.p.c. enacts that when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons shall be liable for that .....
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