BAI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has impeached the judgment of conviction and order of sentence dtd. 3/3/2023 and 15/3/2023 respectively passed by the learned Sessions Judge, Balasore in Sessions Trial No.206 of 2017 arising out of C.T. No.522 of 2016 corresponding to Bhograi P.S. Case No.159 of 2016 of the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Jaleswar.

(2.) Prosecution case:-

(3.) On 25/10/2016, Rajanikanta (Informant-P.W.5) the father of the accused Jagannath (deceased) and Ranjita (P.W.6) lodged a written report with the Inspector-in-Charge (I.I.C.) of Jaleswar Police Station. The I.I.C. receiving the said report treated the same as F.I.R. and upon registration of the case directed one Sub-Inspector of Police (S.I.) (P.W.15) to take up investigation. The Investigating Officer (I.O.-P.W.15) examined the Informant (P.W.5), visited the spot, prepared the spot map (Ext.P-9) and seized one bamboo stick at the spot in presence of the witnesses under seizure list (Ext.P-3/a). He issued injury requisition in favour of the Informant (P.W.5), Jagannath (deceased) and Ranjita (P.W.6) for their medical examination. On 27/10/2016, the I.O. (P.W.15) arrested the accused and seized his wearing apparels. Two days thereafter the I.O. received the intimation regarding the death of the Jagannath. He, therefore, collected all the papers concerning Mangalabag P.S. U.D. Case, which had been registered on the report of the death of Jagannath in the ICU of S.C.B. Medical College and Hospital, Cuttack. The Post Mortem Examination over the dead body of the deceased had been made at the instance of the Inquiring Officer of that U.D. Case. The I.O. (P.W.15) then prayed for sending the incriminating articles for chemical examination through Court, which was so ordered. On completion of Investigation, the I.O. (P.W.15) submitted the Final Form placing the accused to face the trial for commission of offence under Sec. 302/323, I.P.C.