BIRSA TOPPO 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. 16/12/2015 passed by the learned Additional Sessions Judge, Sundergarh, in S.T. Case No.87/43 of 2014 arising out of G.R. Case No.06 of 2014 corresponding to Rajgangpur P.S. Case No.03 of 2014 of the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Rajgangpur.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.18) examined the Informant (P.W.14) and recorded his statement and those of other witnesses under Sec. 161 of the Code of Criminal Procedure, 1973. He had visited the spot and prepared the spot map (Ext.15) and held inquest over the dead body of the deceased and prepared the reports (Ext.3 and 4). He also issued requisition for post mortem examination over the dead body of Anita Toppo (deceased). He had seized some incriminating articles in course of investigation and had sent those for Chemical Examination through Court. On completion of the investigation, the I.O. (P.W.18) submitted the Final Form placing the accused to face the Trial for commission of the offence under Sec. 302 of the IPC.