CHANDIA @ CHANDI SETHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) "Neither a borrower nor a lender be. For loan doth oft lose both itself and friend, and borrowing dulls the edge of husbandry".

(2.) The appellants Chandia @ Chandi Sethy (A-1), Karunakar Sethy @ Nandu (A-2), Bulu Sethy (A-3), Premananda Sethy (A-4), Suratha Sethy (A-5) and Basanta Sethy (A-6) along with Bhramar Sethy, Dhruba Sethy and Kulamani Sethy preferred this criminal appeal, however during pendency of the appeal, Bhramar Sethy, Dhruba Sethy and Kulamani Sethy expired and accordingly, as per order dtd. 10/9/2024, the criminal appeal was directed to be abated in respect of those three appellants. Thus, this criminal appeal survives only in respect of appellants, namely, Chandia @ Chandi Sethy (A-1), Karunakar Sethy @ Nandu (A-2), Bulu Sethy (A-3), Premananda Sethy (A-4), Suratha Sethy (A-5) and Basanta Sethy (A-6).

(3.) In the Court of learned Additional Sessions Judge, Kendrapara (hereafter, trial Court") in Sessions Trial No.43/455 of 1996, the appellants, namely, Chandia @ Chandi Sethy (A-1), Karunakar Sethy @ Nandu (A-2), Bulu Sethy (A-3) and Basanta Sethy (A-6) were charged under Sec. 302/34 of the Indian Penal Code (hereafter, I.P.C.") on the accusation that on 19/6/1996 at about 7.30 a.m. at village Indupur under Kendrapara police station, they attacked and assaulted Sankarsan Sethy (hereinafter, D-1"), the son of the informant (P.W.7) and Babuli Sethy (hereinafter, D-2") by means of crowbar, spear, bhujali etc. who succumbed to the injuries at District Headquarters Hospital, Kendrapara. Similarly, the appellants, namely, Bhramar Sethy (Dead), Dhruba Sethy (Dead), Kulamani Sethy (Dead), Premananda Sethy (A-4) and Suratha Sethy (A-5) were charged under Sec. 302/149 of the I.P.C. on the accusation that on said date, time and place of occurrence, they caused the death of D-1 and D-2 by means of bhujali, spear, lathi etc.