THE HIGH COURT OF ORISSA AT CUTTACK

CRA No. 144 of 1999

(In the matter of an application under Section 374 of Criminal

Procedure Code)

Sarbeswar Mahanta and others ……. Appellants

-Versus-

State of Orissa ……. Respondent

For the Appellants : Mrs. Kumudinee Panda, Amicus Curiae

For the Respondent : Ms. Suvalaxmi Devi, ASC

CORAM:

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 11.11.2025 :: Date of Judgment: 18.11.2025

S.S. Mishra, J. Although four appellants have filed the present appeal jointly, but during pendency of the appeal, the appellant no.3- Thakurdas Mohanta expired. Therefore, the present Criminal Appeal qua the appellant no.3- Thakurdas Mohanta stood abated by the order of this Court dated 04.09.2025 in the absence of any application U/s.394 Cr.P.C. by the L.Rs. or next friend of the deceased appellant. Hence, the present Criminal Appeal is confined to appellant Nos.1, 2

and 4.

2. In this appeal, the judgment and order dated 03.05.1999 passed by the learned Additional Sessions Judge, Rairangpur, District- Mayurbhanj in S.T. Case No.13/119 of 1998 & (S.T. Case No.8/53/99) (arising out of G.R. Case No.214 of 1997, Bahalda P.S. Case No.35 of 1997) is under challenge. Vide