LAWS(ORI)-2023-11-121

LOKANATH JAL Vs. STATE OF ODISHA

Decided On November 01, 2023
Lokanath Jal Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the jail, has called in question the judgment of conviction and the order of sentence dtd. 26/7/2012 passed by the learned Sessions Judge, Kalahandi, Bhawanipatna, in Sessions Case No.59 of 2010 arising out of G.R. Case No.91 of 2010 corresponding to Koksara P.S. Case No.17 of 2010 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Dharamgarh.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.- P.W.10) examined the Informant (P.W.3) and other witnesses as also recorded their statements under sec. 161 of Cr.P.C. He (P.W.10) having visited the spot, prepared the spot map (Ext.14). He too held inquest over the dead body of the deceased and prepared the reports to that effect (Ext.3, 4 and 5). The dead body of the deceased was sent for post mortem examination by issuing necessary requisition. Blood stained earth and sample earth have been seized by the I.O. (P.W.10) under seizure list (Ext.12). It was stated that the accused, while in police custody, gave the statement to have concealed the weapon and stated that if he would be led to the place, he would give recovery of the same. Pursuant to the statement, the accused is said to have led the police and other witnesses in giving recovery of the weapon, which was seized under seizure list (Ext.1). The seized incriminating articles were seized for chemical examination through Court. On 9/4/2010, the I.O. (P.W.10) handed over the charge of the investigation to the OIC (P.W.5), who re-examined the witnesses, visited the spot and on receipt of the post mortem report, completing the investigation, submitted the Final Form placing the accused to face the Trial for commission of the offence under sec. 302 of the IPC.