LAWS(ORI)-2023-8-73

DAYANIDHI DIGAL Vs. STATE OF ODISHA

Decided On August 28, 2023
Dayanidhi Digal Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 1/3/2017 passed by the learned Sessions Judge, Kandhamal, Camp at Baliguda, in Sessions Trial No.193 of 2011 arising out of G.R. Case No.147 of 2011 corresponding to Balliguda P.S. Case No.50 of 2011 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Balliguda. The Appellant (accused) thereunder has been convicted for committing the offences under Sec. 302/323 of the Indian Penal Code, 1860 (for short, 8the IPC9). Accordingly, he has been sentenced to undergo imprisonment for life for the offence under Sec. 302 IPC; and rigorous imprisonment for rigorous imprisonment for a period of six (6) months for commission of the offence under Sec. 323 of the IPC with a direction that the substantive sentences would run concurrently.

(2.) PROSECUTION CASE:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.15) examined the informant (P.W.1) and other witnesses. He then issued requisition for medical examination of the informant (P.W.1) and proceeded to the Sub-Divisional Hospital where the dead body of Jagadeswar was lying. He (P.W.15) held inquest over the dead body of the deceased and prepared the report (Ext.1). The dead body of the deceased was sent for post mortem examination by issuing necessary requisition. The I.O. (P.W.15) thereafter visited the spot and prepared the spot map (Ext.17). He also seized the incriminating articles including one Salua lathi (stout lathi) from the spot in presence of witnesses under the seizure list, Ext.8/1. He further seized bloodstained earth and sample earth under seizure list, Ext.7/1. The spade was seized from the house of the informant (P.W.1) on 4/6/2011 under seizure list Ext.9/1. The wearing apparels of the deceased were seized being produced by the Police Havildar who had accompanied the dead body for post mortem examination. The seizure list prepared to that effect is Ext.10. Accused Dayanidhi then was arrested and medically examined. His wearing apparels were also seized. The seized incriminating articles were sent for chemical examination through Court. On 23/6/2011, other four persons were arrested. On completion of the investigation, the Final Form was submitted placing the accused and four others to face the Trial for commission of the offences under Sec. 294/302/323/34 of the IPC.