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2026 Supreme(Ori) 544

IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Multu @ Tarachand Mohanta, (Dead) – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant :Mr. H.K. Mohanta, Advocate
For the Respondent: Mr. Sobhan Panigrahi, ASC

JUDGMENT :

S.S. Mishra, J.

Four convicts have jointly preferred the present appeal assailing the judgment and order dated 22.01.1994 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 Sections 148 , 323 read with Section 149 and 304 Part-II read with 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 Section 323 read with IPC and further sentenced to undergo rigorous imprisonment for five years for the offence under Section 304 Part-II read with . However, no separate sentence was imposed U/s.148 of .

2. While the appeal was pending, this Court was apprised that appellant no.1- Multu @ Tarachand Mohanta has expired. Therefore, vide order dated 31.07.2025, 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 C

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