BALMUNDA GANTA AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) In pursuance of the order dated 15.12.2016, Mr. Priyabrata Tripathy, learned Addl. Standing Counsel on instruction from the Inspector in charge, Seskhal Police Station placed the enquiry report dated 09.01.2017 which indicates that the appellant no.2 Bhursamunda @ Busamunda Ganta expired in the year 2003 and the appellant no.1 Balmunda Ganta expired in the year 2007 and appellant no.3 Premananda Pani is alive. In view of such report furnished by the I.I.C., Seskhal Police Station, as per the provisions under section 394(2) of Cr.P.C., this appeal in respect of appellants nos.1 and 2 stands abated.

(2.) The appellants Balmunda Ganta, Bhursamunda @ Busamunda Ganta and Premananda Pani faced trial in the Court of learned Sessions Judge, Koraput, Jeypore, camp at Rayagada in Sessions Case No.260 of 1991 for the offence punishable under section 302 read with section 34 of the Indian Penal Code on the accusation that on 13.02.2991 at about 4.00 p.m., they in furtherance of their common intention committed murder of Jumburu Puala (hereinafter 'the deceased') in village Sandhubadi.

(3.) The prosecution case as per the first information report lodged by one Irana Puala (P.W.1) before the Inspector in charge, Rayagada Police Station is that on 13.02.1991 at about 4.00 p.m. while the deceased, who is the son of the informant, was returning home from his father-in-law's house, on the way near village Sandhubadi, the appellants assaulted him by means of fists and kick blows for which he died.