BANAMALI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants by filing this Appeal has assailed the judgment of conviction and order of sentence dtd. 12/9/2022 passed by the learned Additional District and Sessions Judge, Boudh in Sessions Trial No.56 of 2016 (T) arising out of C.T. Case No.536 of 2015 corresponding to Baunsuni P.S. Case No.99 of 2015 of the file of learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Boudh.

(2.) Prosecution Case:-

(3.) The IIC, Baunsuni Police Station having received such written report from the Informant (P.W.22) treated the same as F.I.R. and registering the case, took up investigation. The Investigating Officer (I.O.-P.W.32) in course of investigation, examined the Informant (P.W.22) and then visited the spot. There he seized the blood stained and sample earth. She held inquest over the dead body of the deceased in presence of witnesses and prepared report (Ext.9) to that effect. She then issued the requisition for holding postmortem examination over the dead body. She too seized the wearing apparels of the deceased under seizure list and then arrested accused persons. It is stated that the accused persons while in custody stated to have kept the 'Katara' in a place known to them and that if they would be taken, would give recovery of the same. The statements of the accused persons being recorded by the I.O. (P.W.32), the accused persons were said to have led P.W.32 and others to the paddy field and gave recovery of the 'Katara' stained with blood which was seized by the I.O. (P.W.32). The seized incriminating articles were sent for chemical examination through Court. The I.O. (P.W.32) in view of receipt of order of transfer handed over the Investigation of the case to her successor in Office i.e. P.W.33, who on completion of investigation submitted the Final Form placing all these accused persons to face trial for commission of offence under Sec. -302/201/120-B/109/34 of the IPC.