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2022 Supreme(Ori) 398

C. R. DASH, S. MURALIDHAR
Kartika Chandra Swain @ Kartika Swain – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Mr. Dharanidhar Nayak Senior Advocate, for the Appellant; Mr. Janmejaya Katikia Addl. Government Advocate, for the Respondent.

JUDGMENT

Dr. S. Muralidhar, CJ. - The present three sets of appeals (CRA Nos.227, 232 and 233 of 1996) are directed against a common judgment dated 13th August, 1996 passed by the learned Additional Sessions Judge, Khurda in S.T. No.22/111 of 1995 convicting the Appellants under Sections 148, 302, 307 read with Section 149 IPC and Sections 25 and 27 of the Arms Act.

2. It requires to be noticed at the outset that before the trial Court, there were 32 accused persons. One of the accused Kulamani Nayak, Accused No.26 (A26) was convicted under Section 302 IPC apart from the above offences. He had filed a separate Criminal Appeal No.268 of 1996. After he had served more than 10 years in custody, he was enlarged on bail by this Court by an order dated 1st February, 2007. However, during the pendency of the present appeal, he expired on 7th June, 2019. The appeal filed by Kulamani Nayak, (A26) i.e. Criminal Appeal No.268 of 1996 was disposed of by this Court as having abated by an order dated 30th August, 2022.

3. As far as the remaining accused are concerned, during the pendency of the Appeals, Udayanath Pradhan-A18 (who was also Appellant No.1 in Criminal Appeal No.227 of 1996) and Makada

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