RADHU KANDI Vs. STATE
LAWS(ORI)-1973-2-2
HIGH COURT OF ORISSA
Decided on February 20,1973

Radhu Kandi Appellant
VERSUS
STATE Respondents

JUDGEMENT

S. Acharya, J. - (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. The prosecution case, so far as The same is necessary and relevant for The consideration of this appeal by The above -named two convicted accused persons is concerned, in short, is that on The date of occurrence i. e. 22 -3 -1967 There was a betrothal ceremony at The house of one Jhaia Bhoi. To that function deceased Binod Behera and his broTher Ananda Behera alone with oThers had been invited. When The invited persons were proceeding to The house of Jhaia through The Maihi Sahi of The village They were prevented by The accused persons from going through that route. On The advice of The Gram Rakhi Trinath Mallik, The invited persons went to The house of Jhaia through anoTher route and attended The feast - Thereafter some of Them including Binod and Ananda went to a place locally known as Tangi to see off Their relations who attended The feast from oTher villages. While They were returning home from Tangi. The accused persons, armed with deadly weapons like Lathi, Bhali. Tenta and Katua. mercilessly assaulted Binod and Ananda near The Bhaabat Ghar in The Maihi Sahi of The village. Parbati. The wife of Ananda came running to The scene and appellant Ghana alias Banka Kandi pierced a Bhali into her abdomen as a result of which a portion of her intestine came out. Binod and Parbati were hospitalised, but Parbati succumbed to her injuries on The next day of The occurrence. Binod was treated in The hospital for 8 or 9 days and he died sometime after his discharge from The hospital. The accused persons after assaulting Binod, Parbati and Ananda as stated above indulged in oTher acts of violence.
(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.;


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