GUNABANTA BISWA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have called in question the judgment of conviction and order of sentence dtd. 3/10/2001 passed by the learned Sessions Judge, Mayurbhanj in G.R. Case No.305 of 1998 (Trial Case No.23 of 1999) corresponding to Kaptipada P.S. Case No.92 of 1998 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Udala.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.7), in course of the investigation, examined the informant (P.W.1) and recorded his statement under Sec. 161 Cr.P.C. He (P.W.7), having visited spot, prepared the spot map Ext.5). The injured was taken to Kaptipada Community Health Centre where the Doctor declared him to be dead. He held the inquest over the dead body of Bansidhar and requested the B.D.O. Kaptipada to remain present during inquest and prepared the report to that effect (Ext.2). The dead body of Bansidhar was sent for post mortem examination by issuing necessary requisition. He (P.W.7) then seized the wearing apparels of the deceased under seizure list (Ext.6). On completion of the investigation, the I.O. (P.W.7) submitted the Final Form placing these accused persons to face the Trial.