BRAJA KUSHORE SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal has challenged the judgment of conviction and order of sentence dtd. 1/6/2022 passed by the learned Sessions judge, Nayagarh in S.T. Case No.26 of 2020 arising out of G.R. Case No.358 of 2019 corresponding to Nuagaon P.S. Case No.57 of 2019 of the Court of learned Sub-Divisional Judicial Magistrate, (S.D.J.M.), Nayagarh.

(2.) The prosecution case is that on 3/8/2019, which was a Saturday, during noon hours, Jagannath Pradhan (deceased) after closing the garage which was on the side of the National Highway (N.H.) was proceeding on the N.H. to his house. He was going on foot. At that point of time, the accused Braja Kishore came in one white Bolero vehicle bearing Registration No.OR-02AR-4646 and dashed the deceased from behind and sped away. Receiving violent dash, Jagannath died instantaneously.

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.12) examined the Informant (P.W.4). He then examined Informant's mother-in-law (P.W.5). In order to hold the inquest over the dead body of the deceased, the I.O. requisitioned the service of Executive Magistrate and then visited the spot and prepared the spot map, Ext.8. The inquest was held in presence of the Executive Magistrate and report to that affect, Ext.1 was prepared. The dead body was then sent for postmortem examination by issuing necessary requisition. The I.O. (P.W.12) examined few other witnesses and recorded their statements under Sec. -161 of the Cr.P.C. After the postmortem examination, the wearing apparels of the deceased being produced before the I.O. (P.W.12), those were seized under seizure list, Ext.2. On 4/8/2019, accused being arrested was forwarded in custody to the Court. The Bolero vehicle belonging to one Sushanta Sahoo was seized under seizure list, Ext.5 and so also the driving license of accused (Ext.10). The I.O. (P.W.12) then sent the incriminating articles to the State Forensic Science Laboratory (SFSL), Bhubaneswar for chemical examination through Court.