GADADHAR BHOI Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal, the sole appellant assails his conviction under Section 302 of the IPC by the learned Addl. Sessions Judge, Bhawanipatna in Sessions Case No.63/8 of 2001-2003. As per the judgment rendered on 27.09.2003 by the learned Addl. Sessions Judge, Bhawanipatna, the appellant has been convicted for the offence of murder and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that the Assistant Sub-Inspector (ASI) of Palam Out Post, Kesinga Police Station, Kalahandi district took up inquiry of U.D. Case No.4 of 2000 on dated 24.05.2000. He visited the spot and found the dead body near the river Tel, near Belgaon. The dead body of the deceased was identified with the help of his brother Surjyadev Prasad. Thereafter, the dead body of the deceased was sent for post-mortem examination. The ASI came to the conclusion that this is a case of murder by administering poison to the deceased. So, he prepared an FIR and submitted it to the Officer In-Charge, Kesinga Police Station for investigation. After registration of the FIR, the investigation of the case was taken up by Arun Kumar Jena, the then OIC, Kasinga Police Station. He arrested the accused and forwarded him to court. The visceras collected during post-mortem examination were sent for chemical examination. The Investigating Officer also made several seizure, examined witnesses and on completion of investigation, submitted chargesheet against the appellant under Section 302 of the IPC.

(3.) The defence took the plea of complete denial.