JAGANNATH KALTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have called in question the judgment of conviction and order of sentence dtd. 4/5/2011 passed by the learned Additional Sessions Judge, Sonepur, in Sessions Case No.39/29 of 2004 arising out of G.R. Case No.38 of 2004 corresponding to Birmaharajpur P.S. Case No.20 of 2004 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Biramaharajpur.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.10), in course of the investigation, examined the informant (P.W.2) and sent him for medical examination. The I.O. (P.W.10), having visited the spot, prepared the spot map (Ext.8). He (P.W.10) seized two Merhas lying near the spot under seizure list (Ext.1). On the next day of the occurrence, after getting information that Chadra is dead while undergoing treatment at DHQ Hospital, Sonepur, the I.O. (P.W.10) reached there and held inquest over the dead body in presence of the witnesses and prepared the report (Ext.3). He sent the dead body of Chandra for post mortem examination by issuing necessary requisition. The seized incriminating articles were sent for chemical examination through Court. On completion of investigation, the I.O. (P.W.10) submitted the Final Form placing these accused persons to face the Trial for commission of the offence under Sec. 302/34 of the IPC.