NAIK MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 20/11/2017 passed by the learned Additional Sessions Judge, Rayagada, in C.T. No.112 of 2016 arising out of G.R. Case No.86 of 2016 corresponding to Tikiri P.S. Case No.22 of 2016 in the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Kashipur.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.13) examined the complainant (P.W.5) and recorded his statement and those of other witnesses under Sec. 161 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.'). Pursuant to the statement of this accused Naik Majhi while in police custody, the I.O. (P.W.13) and others were led to the place where the dead body of the deceased had been burnt to fire. The I.O. (P.W.13) then seized the half burnt cadaver of the deceased and held inquest over the same and sent if for post mortem examination. Thereafter, the other accused persons, namely, Nitya Majhi, Linga Majhi, Hari Majhi, Madhab Majhi and Nilambar Majhi were arrested and forwarded to the Court in custody. On account of transfer of that I.O. (P.W.13), the charge of the investigation being handed over to her successor in office, namely, Manoj Kumar Behera (IIC-P.W.11), he carried out further investigation and on completion of the same, submitted the Final Form placing the accused persons to face the trial for commission of offence under Sec. 302/201/506/34 IPC. The accused Kartika Majhi, who is the brother of this accused Naik Majhi, being not apprehended, he was shown as an absconder in the Final Form and as such, he did not face the trial.