PRAKASH NAIDU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is conjointly preferred by three appellants challenging the judgment and order dtd. 30/11/1993 passed by the learned Additional Sessions Judge-cum-Special Judge, Paralakhemundi in G.R. Case No. 101 of 1992, convicting them for offence under Sec. 379 of IPC and Sec. 3(1)(v) of SC & ST (PoA) Act and sentenced them to undergo R.I. for six months for the offence under Sec. 379 I.P.C. and further six months and to pay a fine of Rs.500.00 in default S.I. for one month under Sec. 3(1)(v) of SC & ST (PoA.) Act.

(2.) Although this appeal has been filed conjointly by three appellants, but during pendency of this appeal it was informed to the Court that appellant no.1-Prakash Naidu has expired. Therefore, vide order dtd. 31/7/2025, the present appeal stood abated qua the appellant no.1, in the absence of any application under Sec. 394 Cr.P.C. by either the L.Rs.of the deceased appellant or next friend. Hence, consideration of the present appeal is only confined to appellant nos.2 and 3 alone.

(3.) Heard Mr. P.K. Mishra, learned counsel for the appellants and Mr. S.J. Mohanty, learned Additional Standing Counsel for the State.