RADHU KANDI Vs. STATE

JUDGEMENT

(1.) APPELLANT Ghana alias Banka Kandi stands convicted under Section 302 I. P. C, for causing the death of Parbati Dei and has been sentenced thereunder to undergo R. I. for life. Appellant Radhu Kandi has been convicted under Section 323 I. P. C for assaulting Binod Behera with a lathi and has been sentenced thereunder to undergo R.I. for four months.

(2.) THE above named two appellants alone with 31 others stood their trial for offences under Sections 148 and 302 149 IPC Appellant Ghana alias Banka Kandi and another accused (since acquitted ) were charged under Section 302 L P. C. for intentionally causing the death of Parbati; appellant Radhu Kandi and two others since acquitted were charged under Section 302 IPC for intentionally causing the death of Binod Behera and another accused had been charged under Section 212 I. P. C Excepting the appellants all the other accused persons were given the benefit of doubt and acquitted of the charges framed against them. Appellant Ghana alias Banka Kandi has been convicted for the offence under Section 302 IPC on the finding that he pierced a Bhali into the stomach of Parbati. as a result of which her 'Antabuiula' came out and she succumbed to the said injury. Appellant Radhu Kandi has been convicted under Section 323 I. P. C as the Court below finds that he assaulted Binod with a lathi.

(3.) BOTH the appellants alleged that Kuber Behera one of their men. was assaulted by Sidha Behera and 20 others belonging to the prosecution party near the Bhagat Ghar. As Jugal Kandi protested. he too was severely assaulted at that place.. On hearing their shouts the Bada Sahi people came to their rescue. Appellant Radhu denied to have assaulted Binod Behera -and appellants Ghana alias Banka Kandi denied to have committed the murder of Parbati.