KALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, from inside the jail, has challenged the judgment of conviction and order of sentence dtd. 20/10/2016, passed by the learned Additional Sessions Judge, Athgarh in Sessions Trial Case No.396 of 2012 arising out of C.T Case No. 434 of 2012, corresponding to Tigiria P.S. Case No.102 of 2012 of the Court of the learned Sub Divisional Judicial Magistrate (SDJM), Athgarh.

(2.) Prosecution case is that sometime past the midnight of 24/7/2012, Jadu Ghadei (P.W.21) informed the brother of the deceased (P.W.1) that this accused, who is his son (Jadu's son), caused the death of his wife Indumati Ghadei (deceased). The brother of the deceased, namely, Arakhita Behera (P.W.1) then lodged a written report with the Inspector-in-Charge (IIC) of Tigiria Police Station.

(3.) The I.I.C., receiving the said written report, treated the same as FIR (Ext.1) and registering the case, took up investigation. The I.O (P.W.27) in course of investigation, examined the informant (P.W.1), visited the spot and examined other witnesses. He then held inquest over the dead body of the deceased in presence of the witnesses and prepared the inquest report (Ext.2). He also seized the blood stained and sample earth from the spot with some broken bangles and white napkin stained with blood, faded yellow colour chadar stained with blood and one mat stained with blood under the seizure list to that effect. The dead body of Indumati was then sent for post mortem examination by issuing necessary requisition. The accused was arrested and his wearing apparels were seized. It is stated that the accused while in police custody, made a statement as regards the keeping of Katari in his house and pursuant to the said statement, he is said to have led the I.O (P.W.27) as well as other witnesses in giving recovery of the said Katari from his house which had been kept underneath a loaded bag. The accused was then forwarded in custody to the Court. That weapon Katari being sent to the Doctor (P.W.29) for examination, his report is that with the said Katari, the injuries sustained by the deceased was possible. The incriminating articles were then sent for chemical examination through Court.