RAIA NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant has preferred CRA No.81 of 1998 challenging the impugned judgment and order dtd. 19/1/1998 passed by the learned Sessions Judge, Dhenkanal-Angul, Dhenkanal in Sessions Trial No.46-D of 1996 in which he was found guilty under Sec. 302 of the Indian Penal Code and sentenced to undergo Imprisonment for life.

(2.) As per the order dtd. 1/7/2024, the learned counsel for the State has obtained the instructions from the I.I.C., Bhubana Police Station dtd. 15/7/2024 to the effect that the Appellant Raia @ Rabi Naik died in the year 2005. The written instructions received from the State is taken on record.

(3.) Sec. 394(2) Cr.P.C indicates that except the appeal from a sentence of fine, every other appeal preferred under Chapter XXIX of the Code shall finally abate on the death of the Appellant. The proviso to Sec. 394(2) of the Cr.P.C empowers the Appellate Court to grant leave to continue the appeal in case any of the near relatives files an application within 30 days of the death of the Appellant to continue the appeal and in that case the appeal shall not abate, if leave is granted by the Appellate Court. In the case in hand, no such application being filed, the appeal stands abated.