CUTTACK, India, May 1 -- Orissa High Court issued the following order on March 31:

1. The appellant faced trial with two others in S.T. No.489 of 1998 in the Court of learned 2nd Additional Sessions Judge, Cuttack for committing the murder of one Sukanta Kumar Senapati. The other two accused persons were acquitted while the present appellant, being convicted under Section 302 of I.P.C., was sentenced imprisonment for life.

2. Prosecution case, in brief is as follows:-

On 31.07.1997 on Adashpur Road under Niali Police Station, the deceased Sukanta Kumar Senapati was assaulted by three of his co-villagers namely, Basant Pradhan (present appellant) by means of a Farsa, one Susanta Mohapatra by means of Sword and the son of one Sura Mohapatra by means of Bhujali. The assailants dealt several blows with the weapons on the head and neck of the deceased causing severe injuries. The deceased shouted for help, hearing which, the nephew of the deceased namely, Gopal Krushna Senapati, who was going towards the village square rushed to the spot and saw the assault. He thereafter, cried for help. Seeing him the assailants fled away from the spot. Gopal found his uncle with severe bleeding injuries. One Jagu Sahu also arrived at the spot hearing the shouts and asked as to what happened. The deceased, with much difficulty stated that Basu Pradhan, Tukuna Mohapatra and the son of Sura Mohapatra had assaulted him by means of farsa, sword and bhujali respectively. Several persons of the village namely, Subash Mohapatra, Umesh Mohapatra, Nursingha Mohapatra, Braja Kishore Mohapatra and others arrived at the spot. Gopal carried the deceased to Adaspur Hospital along with his aunt Manjulata Senapati, Jagu Sahu, Satyabrata Mohapatra and Braja Mohapatra. But the doctor declared him dead. Gopal thereafter, went to Niali Police Station and lodged a written report about the occurrence and also about the threat given by the accused persons eight days prior to the occurrence of killing the deceased. Basing on the report, P.S. Case No.115 was registered under Section 302/34 IPC followed by the investigation. Upon completion of investigation, charge-sheet was submitted against the present appellant and two other persons namely, Hemanta Kumar Pradhan and Panchanan Pradhan under Sections 302/120-B/34 of IPC.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=pe706pa1Xc3hdcEXl7JcL1a%2F6zQMW9tKdBOPkHM040buE5Ug%2FWabeVFavS1XoK0G&caseno=CRA/247/2000&cCode=1&cino=ODHC010253192000&state_code=11&appFlag=)

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