STATE OF ORISSA Vs. BENU BEHERA

JUDGEMENT

(1.) This appeal by the State of Orissa is against a judgment and order dtd. 16/1/1991 passed by the learned 2nd Additional Sessions Judge, Puri (hereafter, "the trial court") acquitting the accused persons i.e., Respondent Nos.1 to 28 of the charges under Ss. 302/149 IPC and 302/149/148 IPC in Sessions Trial No.9/61 of 1990.

(2.) It requires to be mentioned at the outset that during the pendency of the present appeal, Accused No.1 (A1) Benu Behera, A3-Sankar Behera, A8-Bihari Palei, A10-Gatiswar Lenka, A11-Jogi Lenka, A18-Bidyadhar Pradhan and A20-Narayan Pradhan have expired. It must also be noted that leave was granted to the State to appeal against the impugned judgment and order of the trial court by this Court by an order 22/4/1991. By orders dated 18th June and 26/6/1991, the Respondents were directed to be released on bail on furnishing bonds of Rs.2000.00 each with one surety for the like amount to the satisfaction of the trial court.

(3.) From time to time, this Court has adjourned the case and on 26/2/2021, the Registry was asked to obtain instructions from the Superintendent of Police (SP), Puri and the Inspector-In- Charge (IIC), Pipili Police Station (PS) as to the whereabouts of the Respondents.