TANKADHAR JANI 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 dtd. 18/2/2012 passed by the learned Sessions Judge, Koraput at Jeypore in Criminal Trial No.199 of 2010 arising out of G.R. Case No.470 of 2010 corresponding to Koraput Sadar P.S. Case No.59 of 2010 of the Court of learned Sub Divisional Judicial Magistrate (SDJM), Koraput.

(2.) Prosecution case is that Keshaba Jani, had received some amount on behalf of his mother for the purpose of construction of one house under Indira Awas Yojna. The accused being the brother of Keshaba, was demanding his share over that amount which Keshaba was refusing to part with on the ground that he would construct a house for his mother and spend the same for the purpose. When the matter stood thus, on 11/8/2010 around 7 p.m., the accused coming out of his house was abusing Keshaba. When Keshaba challenged, accused gave some fist and slaps. The son of Keshaba (P.W.1) with his mother (P.W.7) hearing the same, came out of of the house and intervened in the matter. It is stated that accused then stabbed Keshaba (deceased) with a knife at his belly which led to his death.

(3.) In course of investigation, she examined the informant (P.W.1) and other witnesses. She then visited the spot and seized the blood stained and sample earth. She also held inquest over the dead body of the deceased and prepared the report to that effect (Ext.3). The I.O (P.W.12) then issued necessary requisition for Post Mortem Examination of the dead body. The accused was arrested and his wearing apparels were seized so also the knife which was produced by the accused. The wearing apparels of the deceased were seized on production after Post Mortem Examination. All these incriminating articles were sent for chemical examination to the Regional Forensic Science Laboratory, Berhampur through Court. Subsequently, the IIC of Koraput Sadar Police Station took charge of the investigation and on completion of the investigation, submitted the Final Form placing the accused to face the Trial for commission of offence under Sec. 302 of the IPC.