Court : Supreme Court of India
Reported in : 57(1984)CLT141(SC); 1984Supp(1)SCC685
A.P. Sen and; v. Balakrishnan Eradi, JJ.1. This appeal by special leave is directed against an order dated January 12, 1982 of the Orissa High Court, summarily dismissing an application for grant of leave under Section 378(4) of the Code of Criminal Procedure, 1973.2. Although this Court, as a normal rule, does not interfere with an order of this nature, we are constrained to do so as there is nothing in the order passed by the High Court to indicate that the learned Judges applied their mind to the evidence adduced by the prosecution. We are inclined to the view that this was a case of cold-blooded brutal murder of a political opponent and the matter deserves a consideration on the merits of the case. The testimony of the three eyewitnesses Bibbhu Udgata, PW 1, H. Nanda, PW 12 and Hareram, PW 18 shows that a jeep belonging to the Congress (I) Party in which the accused persons were travelling was reversed and the deceased Parsuram Satpathy, who was a member of Bhartiya Lok Dal and inc...
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