LIVANS LUGUN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 24/4/2023 passed by the learned 2nd Additional Sessions Judge, Rourkela in S.T. Case No.16 of 2016 arising out of G.R. Case No.2058 of 2015 corresponding to Plantsite P.S. Case No.254 of 2015 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Panposh, Rourkela.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.13), in course of the investigation, examined the informant (P.W.1) and other witnesses and recorded their statements under Sec. 161 Cr.P.C. He (P.W.13), having visited spot, prepared the spot map (Ext.7) and made a requisition to the Scientific Officer of District Forensic Science Laboratory, Rourkela to find out the clues. The I.O. (P.W.13) seized the blood stained concrete dust and the blood stained axe from the spot. He (P.W.13) having proceeded to I.G. Hospital, Rourkela, held inquest over the dead body of Rajesh and prepared the report to that effect (Ext.2) and then sent the dead body of Rajesh for post mortem examination by issuing necessary requisition. On the same day, the I.O. (P.W.13) arrested this accused and seized his wearing apparels under the seizure list (Ext.3) and also sent him (accused) for his medical examination. The seized incriminating articles were sent for chemical examination through Court. On completion of the investigation, the I.O. (P.W.13) submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.