PRAKASH KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is conjointly preferred by one Prakash Kumar Jena and Duryodhan Patra assailing the judgment and order dtd. 5/1/1999 passed by the learned Special Judge under E.C. Act-cum-Additional Sessions Judge, Khurda convicting them under Sec. 7 of the E.C. Act and sentenced them to undergo R.I. for six months in T.R. No. 91 of 1996.

(2.) During pendency of the appeal, it has been informed to the Court by the I.I.C., Chamakhandi Police Station in its report dtd. 18/7/2025 that appellant no.1-Prakash Kumar Jena has expired on 14/4/2022. Therefore, in the absence of any application under Sec. 394 Cr.P.C. either by the L.Rs..00of the deceased-appellant no.1 or by his next friend, the appeal qua him stands abated. Hence, the present appeal is only confined to appellant no.2-Duryodhan Patra.

(3.) Heard Ms. A. Mehta, learned counsel for the appellant and Mr. S.J. Mohanty, learned Additional Standing Counsel for the State.