MULTU @ TARACHAND MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Four convicts have jointly preferred the present appeal assailing the judgment and order dtd. 22/1/1994 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. No. 12 of 1992. By the impugned judgment, the learned Trial Court found the appellants guilty of offences punishable under Ss. 148, 323 read with Sec. 149 and 304 Part-II read with Sec. 149 of the Indian Penal Code. Consequently, each of the appellants was sentenced to undergo rigorous imprisonment for a period of three months for the offence under Sec. 323 read with Sec. 149 IPC and further sentenced to undergo rigorous imprisonment for five years for the offence under Sec. 304 Part-II read with Sec. 149 IPC.

(2.) While the appeal was pending, this Court was apprised that appellant no.1- Multu @ Tarachand Mohanta has expired. Therefore, vide order dtd. 31/7/2025, 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 appellant U/s.394 of Cr.P.C. Therefore, the present appeal is confined to appellant Nos.2 to 4.

(3.) Heard Mr. Niranjan Lenka, learned Counsel for the appellants and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.