KENDU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has challenged the judgment of conviction and order of sentence dtd. 22/7/2010 passed by the learned Sessions Judge, Keonjhar in S.T Case No.159 of 2009 arising out of G.R Case No.34 of 2009, corresponding to Keonjhar Sadar P.S. Case No.8 of 2009 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Keonjhar.

(2.) PROSECUTION CASE:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.6) examined the informant (P.W.1) and other witnesses. The I.O. (P.W.6), having visited the spot, prepared the spot map (Ext.5). He (P.W.6) arrested the accused. It is stated that the concealed the axe and stated that if he would be taken to the place, he would give recovery of the same. Pursuant to the statement (Ext.1), the accused is said to have led the I.O. (P.W.6) and other witnesses in giving recovery of the axe, which was seized under seizure list (Ext.2). He held inquest over the dead body of the deceased and prepared the report (Ext.4) to that effect in presence of witnesses. The dead body was then sent for post mortem examination by issuing necessary requisition. The wearing apparels of the accused were seized by the I.O. (P.W.6) under seizure list (Ext.8). The I.O. (P.W.6) sent the seized incriminating articles for chemical examination through Court.