SESADEV KUDEI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal has challenged the judgment of conviction and order of sentence dtd. 11/1/2023 passed by the learned Additional Sessions judge, Athamallik in C.T.(S) Case No.11 of 2020 arising out of G.R. Case No.413 of 2019 of the Court of learned Sub-Divisional Judicial Magistrate, (S.D.J.M.), Athamallik.

(2.) The prosecution case is that on 19/8/2019 in the forenoon, one Anek Bagha, who is the sister's son of Pitambar Bhoi came and informed Pitambar that Pitambar's sister (Raswswari) has been murdered by her husband namely, Sesadev Kudei (accused). Pitambar getting this information from Anek, came to the house of his sister and saw his sister lying dead on a cot with severe cut injuries on her head. The villagers present there on being asked told that the accused had murdered his wife namely, Raseswari by means of spade. On that day around 12.30 pm, Pitambar (Informant-P.W.1) lodged a written report with the Inspector-In-Charge (IIC), Athamallik Police Station. Receiving the said report, the IIC, treated the same as F.I.R.(Ext.6) and upon registration of the case took up investigation.

(3.) The learned SDJM, having received, Final Form as above took cognizance of said offences and after observing the formalities, committed the case to the Court of Sessions. That is how the Trial commenced by framing the charge for the said offences against the accused.