KARTIKA CHANDRA SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present three sets of appeals (CRA Nos.227, 232 and 233 of 1996) are directed against a common judgment dtd. 13/8/1996 passed by the learned Additional Sessions Judge, Khurda in S.T. No.22/111 of 1995 convicting the Appellants under Ss. 148, 302, 307 read with Sec. 149 IPC and Ss. 25 and 27 of the Arms Act.

(2.) It requires to be noticed at the outset that before the trial Court, there were 32 accused persons. One of the accused Kulamani Nayak, Accused No.26 (A26) was convicted under Sec. 302 IPC apart from the above offences. He had filed a separate Criminal Appeal No.268 of 1996. After he had served more than 10 years in custody, he was enlarged on bail by this Court by an order dtd. 1/2/2007. However, during the pendency of the present appeal, he expired on 7/6/2019. The appeal filed by Kulamani Nayak, (A26) i.e. Criminal Appeal No.268 of 1996 was disposed of by this Court as having abated by an order dtd. 30/8/2022.

(3.) As far as the remaining accused are concerned, during the pendency of the Appeals, Udayanath Pradhan-A18 (who was also Appellant No.1 in Criminal Appeal No.227 of 1996) and Makadam Sahu-A25 (Appellant No.1 in Criminal Appeal No.233 of 1996) expired. Consequently, the appeals as far as the said two accused-Appellants were concerned, were disposed of as having abated by the order dtd. 30/8/2022 of this Court.