JAGUA KANDI AND 9 ORS. Vs. THE STATE

JUDGEMENT

(1.) BOTH these appeals arise out of a common judgment in Session Trial No. 27 of 1966 on the file of the Sessions Judge, Puri. Raghu Kandi Appellant in Criminal Appeal 31/67 who was the first accused in the trial Court is convicted under Section 302, Indian Penal Code, for causing the death of one Udi Kandi and sentenced to rigorous imprisonment for life. Raghu and all the Appellants in Criminal Appeal 21/67 are convicted under Section 148, Indian Penal Code and each is sentenced to undergo rigorous imprisonment for six months, the sentence of Raghu thereunder to run concurrently with the sentence imposed on him for his conviction under Section 302, Indian Penal Code. Dusi Kandi and Siria Kandi Appellants 8 and 9 respectively in Criminal Appeal 21/67 are further convicted under Section 323, Indian Penal Code and sentenced to undergo rigorous imprisonment for three months, the sentences to run concurrently with the sentences imposed on them for their conviction under Section 148, Indian Penal Code.

(2.) THE prosecution case may be briefly stated. Puni Bewa, the widow of one Bira Kandi was in exclusive possession of her husband's properties including the disputed bamboo clump situated in her Bari. About two years before the occurrence, Sadhu Kandi (Appellant No. 5) put up a false claim that he was the adopted son of Bira Kandi and started disputing Puni's exclusive right in her husband's properties. On the date of occurrence, namely, 19 -3 -1966, Sadhu Kandi came to out bamboos from the Bari of Puni Bewa accompanied by all the other Appellants of whom some were Tadas (heavy bamboo lathis) and Raghu Kandi was holding a Khunta (a sharp edged weapon). Sadhu Kandi and Appellants Dusi Kandi, Jagua Kandi, Gandharba Kandi and Pahali Kandi cut some bamboos from the bamboo clump, whereupon Puni Bewa went there and protested as to why they were cutting barn boos from her clump and said that she would not allow them to take them. So saying, she picked up four or five bamboos. Appellant No. 10 Fagu Kandi snatched the bamboos from her hand and abused her in filthy language and directed other Appellants to beat her. Dusi Kandi struck her a blow with a Tada on her right thigh while Fagu assaulted on her waist with another Tada. She then raised an alarm hearing which P.w. 1 came the spot and protested as to why they were beating a female instead of settling the dispute amicably. P.w. 1 was then assaulted by Dusi on his waist. When he raised an alarm, his brother Udi Kandi came from the nearby Pan Baraj and simultaneously P.ws. 4, 5 and 8 also arrived at the spot and protested against the high -banded action of the Appellants. Thereupon, Appellant Raghu Kandi pierced a Kunta into the left thigh of Udi Kandi and while the latter was retreating, Siria (Appellant No. 9) attacked him with a Tada and struck him on the vault of the bead causing a bleeding injury.

(3.) ON the side of the accused Appellants Denga Bisi (A/4) and Kasi Kandi (A/7) had injuries on their persons and they were also medically examined. Denga Bisi was found to have one punctured wound on the back side of his left chest while Kasi Kandi had a swelling on his left palm.