Court : Orissa
Reported in : 102(2006)CLT16; 2006(I)OLR762
I.M. Quddusi, J.1. Case called out. No one is present for the appellant. However, Mr. R.C. Mohanty, learned Counsel for the appellant had filed written argument which is available on record. Perused the same and heard Shri K.N. Jena, learned Counsel for the respondent.2. This appeal has been filed against the judgment and order dated 31.5.1988 passed by the learned J.M.F.C., Bhadrak in I.C.C. No. 393 of 1987 acquitting the respondent.3. The brief facts of the case are that the appellant had filed complaint case in the Court of learned S.D.J.M., Bhadrak with the allegation that the respondent had enmity with the appellant due to the reason that the appellant had given a statement in a G.R. case before the police against the respondent. On 5.9.1987 at about 7.00 O' clock in the morning while the appellant/complainant was going on the public road, the accused/ respondent due to previous enmity caught hold of his neck and asked him as to why he had given a statement against him before the ...
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT197
P.K. Patra, J.1. The appellant has challenged the judgment dated 31-1-1996 passed by Shri P. B. Patnaik, Additional Sessions Judge, Jajpur in S. T. No. 467/44 of 1994 convicting him under section 304, Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years.2. Prosecution case runs as follows:The informant (p. w. 1) is the owner of a Stone Crusher at Aruha Chhak under Dharmasala P. S in the district of Jajpur. Aruha Chhak is at a distance of fourteen kilometres from Dharmasala P. S. On 6-6-1994 at 7 a. m. p. w. 1 lodged a written report at the Dharmasala P. S. stating that in the night of 5-6-1994 at 11 p. m, the appellant stabbed deceased Surendra Munda on his chest due to dispute among them. The appellantand the deceased were amongst the 10/12 labourers of p. w. 1 for crushing stones. There was profuse bleeding from the chest of the deceased and he was removed to the Aruha Hospital and as directed by the medical officer of that hospital the...
Tag this Judgment!Court : Orissa
Reported in : 1991CriLJ3037; 1993(II)OLR267
S.K. Mohanty, J.1. Disparaging and derogatory remarks passed by Subdivisional Judicial Magistrate, Balasore, against the petitioner, an Advocate of Balasore District Bar who appeared for accused Nos. 1 to 5 in a Complaint Case are sought to be expunged in this revision preferred Under Section 482 of the Code of Criminal Procedure.2. The Complaint Case was posted to 25-8-1987 for trial, On this dale PW 5 was examined before charge and cross-examined. Thereafter the petitioner-Advocate filed a memo stating therein the question put by him to PVV 5 while under cross-examination and the answer given by the latter, and made a grievance that the same had not been recorded. There upon the learned S.D.J.M. directed the complainant to bring PW 5 on 31-8- 1987'to clarify the matter. On 31-8-1987 petitioner was allowed to put the question to PW 5 and his answer has been recorded. The learned SDJM thereafter adjourned the case to 7-9-1987 for consideration of charge. The case thereafter underwent o...
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT199
L. Mohapatra, J. 1. The appellant having been convicted under Section 302 of the Penal Code for commission of murder of Suta Tandi and further being convicted under Section 323 of the Penal Code for injuring Maheswar Tandi (P.W. 4) and having been sentenced to imprisonment for life by the learned Sessions Judge, Kalahandi has preferred this appeal.2. Prosecution case in short is that P.W. 4, Maheswar Tandi had got four sons namely, Gandharba Tandi (appellant), Suta Tandi (Deceased), Trilochan Tandi (P.W. 3) and Trinath Tandi. Trinath Tandi was residing at Raipur leaving his wife and only child in the village. Wife of the appellant who was acquitted by the Trial Court and wife of Trinath Tandi are sisters. On 18.7.1993 some unknown person went inside the room of wife of Trinath Tandi in absence of Trinath and having seen it Trilochan Tandi (P.W. 3) and the deceased Suta Tandi objected to such conduct of wife of Trinath. Next day morning wife of Trinath Tandi (Raj Kumari) went to her par...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori69; 23(1957)CLT428; 1958CriLJ541
P.V.B. Rao, J.1. The appellant was convicted by the learned Sessions Judge of Mayurbhanj, Shri A.R. Guru,on the offences punishable under Sections 302, 324 and 353. I. P. C., and was sentenced to imprisonment for life under Section 302, I. P. C., but no separate sentences were passed under Sections 324 and 353, I. P. C. The learned Sessions Judge also directed that the knife (M. O. I.) was to be returned to P. W. 8 and the axe (M. O. II) was to be returned to P. W. 10 after the expiry of the period of appeal if there be no appeal, or after the disposal of the appeal if there be any; and that if P. Ws. 8 and 10 or any of them disliked to take back, they might be forfeited to the State Government. No order was passed with regard to the rifle (M. O. III) for its disposal as it belonged to the Government.2. The prosecution case is briefly as follows: Shri Nirmal Chandra Patnaik, Sub-Deputy Collector (P. W. 20) was camping in the local school of Erundei village having gone there to distribu...
Tag this Judgment!Court : Orissa
Reported in : 1992(I)OLR277
L. Rath, J.1. The short but interesting question that arises in this appeal is whether where summons in a suit has not been served on a defendant but he has appeared through counsel in a Misc. Case in the suit and has contested the same but yet does not appear in the suit, it can be decreed ex parte against him. The respondent No. 1 filed a suit for partition in which, the appellant, his brother figured as defendant No. 5. Summons issued against the appellant returned unserved several times. Since summons was also being returned unserved against other defendants, an order was passed by the Subordinate Judge, on 7-1-1983 directing the respondent No. 1 to take out substituted service against the defendant No. 7 by way of publication in some English newspapers circulated daily at Lucknow. On 13-1-1983 the Court noticed that the appellant and the defendant Nos. 1, 2, 3 and 4 had not appeared and that summons against them had not been served and hence allowed time till 22-1-1983 to take ste...
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...
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori142
Ray, C.J.1. The appellant has been convicted under Sections 366 and 342, Penal Code, and has been sentenced to undergo rigorous imprisonment for three years and pay a fine of RS. 100/- for the first offence and six months rigorous imprisonment for the second.2. The prosecution case is that the appellant abducted the girl (p. W. l) while she was on her way back after purchase of paddy in Nuapali village in company with about 9 or 10 others each of whom had a bag load of paddy on the head. The accused happened to be by the side of the road when Chandramma and patty were proceeding to the aforesaid village for purchase of paddy. He also was found loitering on the road near a tank while they were returning. He came with a stick from behind the girl and pushed down the bag load of paddy from her head and forcibly carried her away in his arms lifting her body by putting one-hand under the knees and another around the neck. In this condition, he took her to some distance and then dragged her ...
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori49
Mohapatra, J.1. It will be convenient to take up both the cases together. They were heard together as they aross out of the same incident. This Judgment of ours should cover both the cases which arise out of proceedings under the provisions of the Legal Practitioners Act, 1379 for the professional misconduct of two lawyers who usually practise in the Munsiff's Court at Jajpur. The circumstances giving rise to the cases are as follows:2. In Execution Case No. 97 of 1953 of the Munsiff of Jajpur Durjyodhan Pati was the decree-holder and Muralidhar Kar was the judgment-debtor. Sri Mahendranath Dutta and Sri Narendranth Sen, Pleaders of the Munsif Court at Jaipur, represented the decree-holder and the judgment-debtor respectively. The decretal amount was to be paid in four instalments. The three previous instalments having been paid in time, the fourth was payable on 14-11-1954.There being a default, the sale in execution of the decree took place on 15-11-1954 which covered the homestead o...
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori151; 87(1999)CLT565
P.K. Tripathy, J.1. In this application under Articles 226 and 227 of the Constitution of India, two substantial prayer of the petitioner are as follows ;(1) 'On submission of their show-cause be pleased to issue a writ in the form of certiorari to quash the judgment/decree contained in Annexures 5 and 8;' (ii) 'be pleased to further direct the opposite party No. 9 to decide T. S. No. 47/92; afresh in accordance to law.' 2. A detailed narration of the facts is not necessary but a short reference would suffice the purpose. Petitioner filed O. S. No. 92 of 1983-1 in the Court of munsif, Bhubaneswar (Presently), designated as Civil Judge (Junior Division). That suit was filed against opposite party No. 8 as the solitary defendant and describing him as a tenant of the suit house, Prayer was made for his eviction. Opposite party No. 8 conlesled the suit denying the title of the plaintiff over the suit house. Opp. party No. 8 asserted that late Bokhari Khan (father of opposite parties 1 to 7...
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