NILA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the Jail, has called in question the judgment of conviction and the order of sentence dtd. 23/7/2018 and 26/2/2019 respectively passed by the learned Sessions Judge, Nuapada, in C.T. Case No.82 of 2013 arising out of C.T. Case No.266 of 2013 corresponding to Komna P.S. Case No.92(7) of 2013 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Nuapada.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.) examined the Informant (P.W.1) and recorded his statement and those of other witnesses under Sec. 161 of the Code of Criminal Procedure, 1973. He visited the spot and prepared the spot map (Ext.12) and held inquest over the dead body of the deceased and prepared the report (Ext.2). He also seized the incriminating articles and sent the dead body of the deceased by issuing requisition for post mortem examination. It is said that in course of investigation, the accused, being arrested, gave his statement and led the Investigating Officer (I.O.) to the place where he had thrown the iron rod. Accordingly that being recovered pursuant to his statement (Ext.5) was seized under the seizure list (Ext.6). The incriminating articles were sent for chemical examination and the report (Ext.18) to that effect was received. On completion of the investigation, the Final Form was submitted placing the accused to face the Trial for commission of the offence under Sec. 302 of the IPC.