ARJUN 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 23/3/2021 passed by the learned Additional Sessions Judge, Rairangpur, in S.T. No.15 of 2018 arising out of G.R. Case No.464 of 2017 (T.C. No.109(A)/2018) corresponding to Rairangpur Rural P.S. Case No.69 of 2017 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Rairangpur.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.) examined Masang, (Informant-P.W.13) and recorded his statement and those of other witnesses under Sec. 161 of the Code of Criminal Procedure, 1973. He visited the spot and prepared the spot map (Ext.11) and held inquest over the dead body of the deceased and prepared the report (Ext.3). He seized the blood stained earth and sample earth from the spot and sent the dead body of the deceased by issuing requisition for post mortem examination. The accused, being arrested, said to have confessed his guilt while in police custody. It is further stated that the accused, pursuant to his statement while in police custody, led the police and others to the place where he had kept the stone and gave recovery of the same, which was seized by the I.O. (P.W.19) in presence of the witnesses under seizure list (Ext.8). The incriminating articles seized in course of investigation were sent for chemical examination. Receiving the order of transfer, the I.O. (P.W.19) handed over the charge of the investigation to his successor-in-office i.e., P.W.18, who, on completion of the investigation, submitted the Final Form placing the accused to face the Trial for commission of the offence under Sec. 302 of the IPC.