SUDANA SABAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, from inside the jail, has challenged the judgment of conviction and order of sentence dtd. 29/4/2016 passed by the learned Additional Sessions Judge, Kalahandi, Bhawanipatna in C.T Case No.26 of 2015 (Sessions) arising out of C.T Case No.219 of 2014, corresponding to Kesinga P.S. Case No.133 of 2014 of the Court of the learned Judicial Magistrate First Class (JMFC), Kesinga.

(2.) On 5/11/2014 one Mahubati Sabar (P.W.12) lodged a written report with the Inspector-in-Charge (IIC) of Kesinga Police Station to the effect that her husband, namely, Mahendra Sabar was assaulted by the accused, who happens to be the elder brother of Mahendra by means of a lathi. Her husband being taken to Kesinga Government Hospital had been shifted to the Hospital at Bhawanipatna and there he succumbed to the injuries.

(3.) On completion of investigation, the I.O (P.W.18) submitted the Final Form placing the accused to face the Trial for commission of offence under Sec. 302 of the IPC.