BIBHA TANDI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal, directed against the judgment and order dtd. 13/2/2004 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No.60/35 of 2000 and 2/8 of 2002 was filed on 27/2/2004 by the 14 Appellants. Two of them i.e. Appellants Nos.1 and 2 (who were Accused 2 and 4 respectively in the Trial Court) were convicted for the offence under Sec. 302/34 IPC and sentenced to undergo imprisonment for life. The remaining accused Appellants were convicted for the offence punishable under Sec. 323/149 IPC and sentenced to undergo rigorous imprisonment (RI) for six months; for the offence punishable under Ss. 324/149 IPC to RI for one year and for the offence punishable under Sec. 325/149 IPC to RI for four years.

(2.) Jadu Tandi (Appellant No.12), Akshya Tandi (Appellant No.14), Bachu Tandi (Appellant No.11) and Danaba Tandi (Appellant No.7) were convicted for the offence punishable under Sec. 147 IPC and sentenced to undergo RI for six months each. All the Appellants were convicted for the offence punishable under Sec. 148 IPC and sentenced to undergo RI for one year each. All sentences were directed to run concurrently.

(3.) It must be mentioned at the outset that on 22/3/2004 this Court released on bail the Appellant Nos.3 to 14 i.e. Bhagabatia Tandi, Uttam Tandi, Binod Bisi, Kirtan Tandi, Danaba Tandi, Litar Tandi, Panchanan Tandi, Pankaja Tandi, Jadu Tandi, Hadu Tandi and Akshya Tandi. As far as Appellant Nos.1 and 2 i.e. Bibha Tandi and Khema Bisi are concerned, this Court directed that their bail applications will be considered after receipt of the Lower Court Record (LCR). However, on the next date, i.e. 10/8/2004 this Court, after the LCR was received, rejected their bail applications after noting that the death of the deceased had occurred as a result of the axe blows given by Appellant Nos.1 and 2.