SARBESWAR MAHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Although four appellants have filed the present appeal jointly, but during pendency of the appeal, the appellant no.3-Thakurdas Mohanta expired. Therefore, the present Criminal Appeal qua the appellant no.3- Thakurdas Mohanta stood abated by the order of this Court dtd. 4/9/2025 in the absence of any application U/s.394 Cr.P.C. by the L.Rs.or next friend of the deceased appellant. Hence, the present Criminal Appeal is confined to appellant Nos.1, 2 and 4.

(2.) In this appeal, the judgment and order dtd. 3/5/1999 passed by the learned Additional Sessions Judge, Rairangpur, District-Mayurbhanj in S.T. Case No.13/119 of 1998 & (S.T. Case No.8/53/99) (arising out of G.R. Case No.214 of 1997, Bahalda P.S. Case No.35 of 1997) is under challenge. Vide the said judgment and order, the appellants were convicted for the offences punishable under Ss. 148/323 of the IPC and they were sentenced to undergo R.I. for three months each.

(3.) When the matter was heard, repeatedly nobody has appeared for the appellants. Therefore, Mrs. Kumudinee Panda, Advocate, who was present in the Court, has been appointed as Amicus Curie to assist the Court in this case.