DIBAKAR SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against an order dtd. 13/6/2001 passed by the Additional Sessions Judge, Cuttack in Sessions Trial Nos.222 of 1997 and 516 of 1998 convicting the Appellants for the offences under Ss. 447/323/302/34 IPC and further the Appellant Bijay Kumar Swain for the offence punishable under Sec. 354 IPC and sentencing each of them to imprisonment for life for the offence under Ss. 302/34 IPC and no separate sentence for the remaining offences.

(2.) Initially, there were five Appellants when the present appeal was filed.The Appellants are Dibakar Swain and his four sons Bijaya Kumar Swain, Ajay Kumar Swain, Akhaya Kumar Swain, Abhaya Kumar Swain, Appellant Nos. 1 to 5 respectively, who were also arraigned as Accused Nos. 1 to 5 in the trial. Accordingly, they are hereafter referred to as A-1 to A-5 respectively. By an order dtd. 11/9/2001, A-3 and A-4 were enlarged on bail; by order dtd. 27/1/2003 A-1 was enlarged on bail and by order dtd. 16/3/2004 A-2 and A-5 were enlarged on bail by this Court during pendency of the appeal.

(3.) During the pendency of the present appeal, A-1 Dibakar Swain and A-2 Bijay Kumar Swain expired and the appeal as far as they are concerned, stands abated.