SABITRI KANHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner nos.1 and 2, the widows of late Sudarshan Kanhar and Late Duryodhan Kanhar respectively, are before this Court claiming compensation from the opp. parties by urging following facts and legal contentions.

(2.) The husband of petitioner no.1 Sudarsan Kanhar, her elder son (the husband of petitioner-2) Duryodhan Kanhar, her younger son Bhimasen Kanhar and a relative, Bhagaban Pradhan were convicted under Section 302/34, I.P.C. and sentenced to undergo imprisonment for life by the learned Addl. Sessions Judge, Boudh in S.T. No.25 of 2000 vide the judgment and order dated 15.02.2001 in connection with murder of one Kishore Chandra Behera on 05.09.1999 arising out of a land dispute.

(3.) It is the case of the petitioners that while undergoing the aforesaid sentence in Special Sub-Jail, Boudh Sudarsan Kanhar (Convict No.3734/A) and Duryodhan Kanhar (Convict No.3333/A) were stoned to death on the night of 21/22.09.2010 by another convict namely Antaryami Rana (Convict No.3513/A). It is alleged that on the said night at about 1.00 A.M. Antaryami Rana attacked Sudarsan Kanhar, Duryodhan Kanhar and Kamapala Khamari with a stone inside Ward No.4 who were severely and grievously injured. All the three critically injured convicts were immediately shifted to District Head Quarter Hospital, Boudh by the jail staff. Convict Duryodhan Kanhar was declared dead at District Head Quarter Hospital and convict Sudarsan Kanhar was also declared dead at 3.00 A.M. while he was undergoing treatment and the other convict Kamapla Khamari was referred to VSS Medical College, Hospital, Burla on 22.09.2010.