RAJ KUMAR DEHURY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, from inside the jail, has assailed the judgment of conviction and order of sentence dtd. 30/9/2011 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. No. 19 of 2011 arising out of G.R. Case No. 274 of 2010 corresponding to Jashipur P.S. Case No. 70 of 2010 of the Court of learned Sub-Divisional Magistrate, Karanjia, Mayurbhanj. In the aforesaid judgment passed on 30/9/2011 in S.T. No.19 of 2011 by the learned Sessions Judge, Mayurbhanj, Baripada, the Appellant (accused) has been convicted for the offence U/s 302 of the Indian Penal Code, 1860 (in short called as IPC). Accordingly, he has been sentenced to undergo imprisonment for life and to pay a fine of Rs.2000.00 (rupees two thousand) in default to undergo R.I. for two months more for the offence U/s 302 of the IPC, 1860.

(2.) The case of the prosecution before the learned Trial Court below was as under:-

(3.) During investigation, the I.O.(P.W.9) examined the informant, visited the spot, prepared the spot map, vide Ext.4. He (P.W.9) examined other witnesses, held inquest over the dead body of the deceased and prepared the inquest report, vide Ext.5. He then sent the dead body of the deceased issuing dead body challan, vide Ext.6 for postmortem examination and accordingly, postmortem examination over the dead body of the deceased was conducted by the Doctor(P.W.8) and Postmortem report, vide Ext.1 was prepared. She (I.O) (P.W.9) seized the wearing apparels of the deceased under seizure list, vide Ext.7 and then arrested the accused, seized the bow and arrow, vide M.O.-II & I and forwarded the accused to the Court. The seized articles including the seized bow and arrow, vide M.O.-II & I were sent to the R.F.S.L., Balasore for chemical examination through Court. The bed head ticket of the deceased was seized from Sub-Divisional Hospital, Karanjia under seizure list (Ext.-15) and accordingly, after completing investigation, the (I.O) (P.W.9) submitted Final Form placing the accused to face trial for commission of offence U/s 302 of the I.P.C. in intentionally causing the death of Chhatish Dehury.