Uday Umesh Lalit, J. - (1.)This appeal by special leave challenges the judgment and order dated 29.08.2017 passed by the High Court of Orissa at Cuttack in Criminal Appeal No.50 of 1999.
(2.)In the present case, crime was registered at 9.00 pm on 15.11.1995 vide FIR No.93 with Rayagada P.S. pursuant to reporting by Pradeep Kumar Patra, later examined as PW1. It was submitted that one Kumurika Nabina informed said PW1 Pradeep that his brother Raghumani was attacked and was lying by the side of a road. Said PW1 Pradeep immediately rushed to the place and found cut marks on various parts of the body of said Raghumani who was lying in a pool of blood. It was further stated that when questioned about the attack, Raghumani replied that persons named Natabar Guru, Trinath Guru, Gupteswar Behera, Chandeswar Behera, Malikeswar Behera attacked him with sticks, axe and a large knife. According to the report, while such statement was being made by Raghumani, Trinath Nayak and Mandangi Ramamurty were present.
(3.)According to the prosecution, Police Officer Utkal Ranjan Das (later examined as PW 15) reached the place of occurrence at 8.15 pm and removed said Raghumani to Gunpur Hospital at 8.45 pm in a police vehicle and while inside the vehicle, Raghumani regained consciousness. It is further the case of the prosecution that while in the police vehicle Raghumani made a statement (Ext. 5) giving the names of the assailants. Raghumani was, however, dead when he was brought to the hospital.