PAGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since both these Appeals are directed against the judgment of conviction and order of sentence dtd. 22/2/2021 passed by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.04 of 2017 arising out of G.R. Case No.300 of 2016 corresponding to C.T. No.1189 of 2016 in connection with Bisoi P.S. Case No.54 of 2016 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Rairangpur; those had been heard together for their disposal by this common judgment.

(2.) On 4/7/2016 one Jogeswar Patra, a Gramrakshi discharging the duty as such under Bisoi Police Station in the District of Mayurbhanj received the information from some villagers of village Budhikhamari that a dead body was lying in the Judia Nala (rivulet). Having received such information, said Gramrakshi (P.W.21) with the villagers rushed to the spot and found one dead body lying on the ground with face being tied with a napkin facing downwards. It was also noticed that there were severe injuries on the neck. It having been learnt that some unknown culprit(s) having killed the deceased might have thrown the dead body inside that Judia Nala which is an isolated place; a written report to that effect being was lodged by the Gramarakhi (Informant-P.W.21) with the Officer-in-Charge (O.I.C.) of Bisoi Police Station. The same was treated as F.I.R. (Ext.8) and after registration of the case, the O.I.C. (P.W.23) took up investigation.

(3.) On receipt of the Final Form as above, learned S.D.J.M., Rairangpur took cognizance of said offences and after observing the formalities, committed the case to the Court of Sessions. That is how the trial commenced persons by framing the charges for the above mentioned offences against these accused persons.