Dologovinda Behera Vs State — Murder and Culpable Homicide | Orissa HC (2025)

Dologovinda Behera Vs State — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the criminal appeal stands abated qua appellant no.2 Duryodhan Behera following his death during pendency, no legal heir having filed an application seeking leave to continue the appeal within the prescribed period. +1 more

Court's answer

As no legal heir of appellant no.2 Duryodhan Behera filed any application seeking leave to continue the appeal within the prescribed period, the CRLA stands abated qua appellant no.2 in terms of the proviso under sub rule (2) of section 394 of Cr.P.C. corresponding to section 435 of B.N.S.S.

Ratio / Principle

Taking on record the written instructions (death of appellant no.2 on 19.08.2011 and premature release of appellant no.1 Dologovinda Behera by the Government vide letter No. 1063 dated 25.01.2012), the Court disposed of the CRA in view of such written instructions, without adjudication on merits.

Detailed headnote1 paragraphs

CRA No. 192 of 2001, High Court of Orissa at Cuttack (S.K. Sahoo and Chittaranjan Dash, JJ.), order dated 09.10.2025: appeal against conviction under sections 302/323/34 of the Indian Penal Code and sentence of R.I. for life passed by the learned Addl. Sessions Judge, Angul in Sessions Trial No. 21-A of 1998/39 of 1998, arising out of G.R. Case No. 318 o 1997 of the Court of the learned S.D.J.M., Angul. Written instruction dated 07.08.2025 of the Inspector in-charge, Chhendipada police station showed that appellant no.2 Duryodhan Behera died on 19.08.2011; as no legal heir sought leave to continue the appeal within the prescribed period, the CRLA stood abated qua him under the proviso to sub rule (2) of section 394 of Cr.P.C. corresponding to section 435 of B.N.S.S. Written instruction dated 16.04.2025 of the Senior Superintendent, Circle Jail, Angul showed that appellant no.1 Dologovinda Behera had been released prematurely by the Government vide letter No. 1063 dated 25.01.2012. In view of the written instructions, the CRA stands disposed of without adjudication on merits.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRA No.192 of 2001

1. Dologovinda Behera ….. Appellants

2. Duryodhan Behera

-versus- None

State of Odisha

..... Respondent

Mr.Jateswar Nayak, Addl. Govt. Advocat e

CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

Order No.

ORDER

09.10.2025

09.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

The two a ppellants, namely, Dologovinda B e hera and Duryodhan Beher a of village Jhasimali have preferred this appeal challenging the i m pugned judgment and order of con v iction and sentence passed b y the learned Addl. Sessions Judge, Angul in Sessions Trial No. 21-A of 1998/39 of 1998, which ari s es out of G.R. Case No. 31 8 o 1997 of the Court of learned S.D.J.M., Angul for the offences p unishable under sections 302/323/34 of the Indian Penal Code and sentencing to undergo R.I. for lif e . Learned counsel for the State has produced t h e written instruction receiv e d from the Inspector in-charge of Chhendipada police station dated 07.08.2025 that the appel l ant no.2 Duryodhan Beher a has died on 19.08.2011.

Since no l e gal heir of the appellant no.2 has filed any application seeki n g leave to continue the appeal w ithin the prescribed period and as per the proviso mentioned u nder sub rule (2) of section 394 of Cr.P.C. corresponding to section 435 of

B.N.S.S., the CRLA stands abated so far as appellant no.2 Duryodhan Beher a is concerned.

Another w r itten instruction dated 16.04.2025 has been produced by the learned counsel for the State received from Senior Superinte n dent, Circle Jail, Angul which s h ows that appellant no.1 Dologovinda Behera has been released prematurely by t he Government vide letter No. 1 0 63 dated 25.01.2012, copy of which has been annexed to the s aid letter. The written instru c tions are taken on record.

In view o f such written instructions, the C R A stands disposed of.

( S.K. Sahoo) Judge

( Chittaranjan Dash) Judge

PKSahoo

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 10-Oct-2025 11:26:01