BIRA BADRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, from inside the jail, have challenged the judgment of conviction and order of sentence dtd. 4/6/2016 passed by the learned Additional Sessions Judge, Jajpur in C.T No.28 of 2013 arising out of G.R Case No.929 of 2011, corresponding to Jenapur P.S. Case No.110 of 2011 of the Court of the learned Judicial Magistrate First Class (JMFC), Chandikhole.

(2.) On 8/11/2011 morning around 10.15 am, Dasamati Gagrai, wife of Ashok Gagrai appearing at Jenapur Police Station presented a written report to the Inspector-in-Charge (IIC) of Jenapur Police Station. The report being treated as FIR (Ext.4), the IIC registered the case and directed one Sub-Inspector (SI) of Police attached to the Police Station (P.W.9) to take up the investigation. It was stated in the FIR that Ashok Gagrai, the husband of the Informant (P.W.3) was assaulted to death by these accused persons and two others in the crusher area of one Mantu Babu, where he was then working. It was also intimated that the dead body of Ashok was lying in the nearby field. In course of investigation, the Investigating Officer (I.O-P.W.9) examined the informant (P.W.3) and having visited the spot, prepared the spot map (Ext.5). He then held inquest over the dead body of the deceased and prepared the report to that effect. Other incriminating articles were seized from the spot and then the dead body was sent for post mortem examination by issuing necessary requisition. In course of investigation, these accused persons were arrested and forwarded in custody to the Court. The incriminating articles were sent for chemical examination through Court.

(3.) On completion of investigation, Final Form was submitted on 7/5/2012 placing these accused persons and three others to face the Trial for commission of offence under Sec. 302/34 of the IPC.