GADA MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and the order of sentence 6/9/2019 passed by the learned Additional Sessions Judge, Champua, in S.T. Case No.40 of 2018 arising out of G.R. Case No.191 of 2018 corresponding to Bamebari P.S. Case No.36 of 2018 in the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Barbil.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.15) examined the informant (P.W.1) and recorded his statement as well as the statements of other witnesses under Sec. 161 of the Code of Criminal Procedure, 1973. It is said that the accused, while in police custody, having stated to have kept that thenga in a place in the kitchen garden of Gopal Munda (P.W.3), led the police and other witnesses to that place and gave recovery of the same, which was seized under the seizure list. The accused was then forwarded in custody to Court and requisition for holding the post mortem examination over the dead body of the deceased, having earlier been sent, the report to that effect was received. On completion of the investigation, the I.O. (P.W.15) submitted the Final Form placing the accused person to face the Trial for commission of offence under Sec. 302 of the IPC.