Orissa High Court
Nityananda Behera & Others vs State Of Orissa on 2 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRA No.327 of 1994
Nityananda Behera & others .... Appellants
Mr. D.P. Dhal, Senior Advocate
-versus-
State of Orissa .... Respondent
Mrs. Sarita Maharana, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 02.09.2025
06. 1. The present Criminal Appeal has been filed by
seven appellants assailing the judgment and order
dated 4.8.94/11.8.94 passed by the learned Additional
Sessions Judge, Jajpur in S.T. No.17/2 of 1993.
2. Pursuant to the order dated 24.07.2025, a report
dated 13.07.2025 has been placed on record by the
IIC, Dharmasala Police Station, Jajpur. As per the said
report, the appellant no 1 Nityananda Behera has
expired. In absence of any application under Section
394 Cr. P.C. being filed by the legal heirs or the next
friend of the appellant No.1- Nityananda Behera, the
appeal qua him stands abated.
3. Ms. Sarita Maharana, learned Additional
Standing Counsel appearing for the State by referring
to the order of sentence passed by the learned trial
Court while convicting the appellants submits that the
appellant nos.2 to 7 although were convicted for the
offences punishable under Sections 323/341/34 of
the IPC, however, no sentence was awarded, as by the
time the judgment was passed, they were already
undergone substantive period of sentence.
4. In that view of the matter, Ms. Maharana,
learned State Counsel submits that nothing survives
in this appeal in so far as the sentencing is concern.
5. Mr. D.P. Dhal, learned Senior Advocate appearing
for the appellants also pointed out the following
passage from the impugned judgment:
".....that so far as the convict Sl. Nos.2 to 7 are
concerned they were sometime in jail custody
during trial. I think it will meet the ends of
justice. If they are awarded sentence to the
period already they have undergone as U.T.Ps.
and accordingly they are sentenced to the period
they have already undergone as U.T.P. So far as
the convict Nityananda Behera is concerned he
caused the death of a 80 years unarmed old
lady by giving a forceful lathi blow on her head
which proves sufficient to take away her life.
Apart from that considering the age of the
convict who is hardly 30 years old having a
family, so it does not require that the highest
sentence of the offence to be awarded. However
10 years R.I. will meet the end of justice.
Accordingly I sentence convict Nityananda
Behera to undergo R.I. for 10 years. No separate
sentence is awarded to him under Sections
323/341/34 I.P.C. the period he has already
undergone in custody during trial to be set off
against this sentence."
In view of the aforementioned, Mr. Dhal, learned
Senior Counsel on instructions submits that the
appeal may be disposed of and he would not press the
appeal regarding the conviction.
6. Accordingly, the Criminal Appeal stands disposed
of.
Subhasis
(S.S. Mishra)
Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 04-Sep-2025 10:30:50
