NARAN MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Three convicts have jointly filed the present appeal against the judgment and order dtd. 18/1/1999 passed by the learned Additional Sessions Judge, Jajpur in S.T. No. 524/39 of 1997 (arising out of G.R. Case No. 854/96), whereby while acquitting the accused persons of offence under Sec. 306 IPC, convicted them under Ss. 498-A IPC and on the said count, each of the appellants were sentenced to undergo R.I. for one year.

(2.) While the appeal was pending, this Court was apprised of the fact that appellant no.2-Natabar Mallik has expired. Therefore, vide order dtd. 4/9/2025, the appeal against the said deceased appellant stood abated, in the absence of any motion on behalf of the legal heirs or next friend of the deceased appellants U/s.394 of Cr.P.C. Therefore, the present appeal is confined to appellant nos.1 and 3.

(3.) None appeared for the appellants despite repeated calls. Therefore, this Court requested Mr. S.N. Mishra-4, learned Counsel, along with Ms. Swagata Laxmi Sinha, learned Counsel, who were present in Court, to assist the Court in the capacity of Amicus Curiae and they have readily accepted the same and after obtaining the entire record, assisted the Court very effectively.