ABHIMANYU PATTNAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the Judgment dtd. 9/3/2005, passed by the learned Sessions Judge, Dhenkanal-Angul in S.T. Case No.8-D of 1998, convicting the Appellant for the offence punishable under Sec. 302/34 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000.00 and in default to undergo Rigorous Imprisonment (RI) for a period of one year.

(2.) At the outset, it requires to be noticed that in this present writ appeal, there were originally two Appellants, i.e., Chhabi Pattnaik and his son Abhimanyu Pattnaik, the present Appellant. The Court is informed on 4/8/2014 that Chhabi Pattnaik had expired on 3/10/2008 itself and the appeal has abated as far as he is concerned. It requires also to be mentioned that another son of Chhabi Pattnaik, namely, Santa @ Santosh Kumar Pattnaik had filed a separate appeal being CRLA No.291 of 2005 against the same impugned Judgment of the trial Court. This Court was informed on 12/8/2022 that he had been prematurely released by the order of Government of Orissa and accordingly the said appeal was disposed of permitting him to revive the appeal in the event he wishes to have the appeal decided on merits.

(3.) As a result, there is only one Appellant, i.e., Abhimanyu Pattnaik in the fray, as far as the present appeal is concerned. He was enlarged on bail by this Court by an order dtd. 22/8/2014 after noting that he had been in jail since 9/2/2005.