CUTTACK, India, April 27 -- Orissa High Court issued the following order on March 26:

1. The present Criminal Appeal is directed against the judgment of conviction and order of sentence dated 20.08.2005 passed by the learned Additional Sessions Judge, Fast Track Court, Bhawanipatna in Sessions Case No. 20/13 of 2005, arising out of G.R. Case No.472/2004, whereby the accused persons were acquitted of the charges under Sections 452/34, 394/398 IPC and Section 27 of the Arms Act, but were convicted under Sections 385/34 and 427/34 IPC and sentenced to undergo rigorous imprisonment for one year with fine of Rs.200/- (Rupees two hundred) only in default, to undergo R.I. for further period of one month on each count.

2. As the written instruction received from the I.I.C., Town P.S., Bhawanipatna, dated 25.07.2025 indicates that the appellant No.l-Murali Chhatrapal has expired on 29.07.2011, the present appeal qua the appellant No.l stands abated in the absence of any application under Section 394 of Cr. P.C. In so far as the appellant No.2 is concerned, he is alive. Accordingly, consideration of the present appeal is confined to the appellant No.2-Susant Mahanand only.

3. The present appeal has been pending since 2005. When the matter was called for hearing consistently, none appeared for the appellants. Therefore, on 24.03.2026, this Court requested Mrs. Shuvra Mohapatra, learned counsel, who was present in Court to assist in the matter as Amicus Curiae. She has readily accepted the same and after obtaining entire record, assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mrs. Mohapatra.

4. Heard Mrs. Shuvra Mohapatra, learned Amicus Curiae for the appellants and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.

5. The prosecution case, in brief, is that on 27.10.2004 at about 6.00 P.M., the accused persons allegedly demanded a sum of Rs.2000/- from the son of the informant and, upon his refusal, assaulted him and thereafter entered the house of the informant, damaged the roof tiles and caused injuries to the informant. On the basis of the written report, investigation was taken up and charge-sheet was submitted under Sections 452/427/394/398/34 of the IPC read with Section 27 of the Arms Act. The accused took a stance of denial of charges and claim trial.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=FARLzxb7T713hJCp0t1ikvTFborzB70WhtdbzIJtNTdjkueCiSPdCCSGbFlaSBgw&caseno=CRLA/393/2005&cCode=1&cino=ODHC010341542005&state_code=11&appFlag=)

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