SANTA SABAR 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. 6/3/2019 passed by the learned Additional Sessions Judge, Paralakhemundi, Gajapati in S.T. No. 60 of 2017 arising out of G.R. Case No. 102 of 2012 corresponding to Rayagada P.S. Case No. 13 of 2017 of the Court of the learned Sub- Divisional Judicial Magistrate (S.D.J.M.), Paralakhemundi.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.- P.W.9) examined the Informant (P.W.1) and other witnesses and recorded their statements under Sec. 161 of Cr.P.C. Having visited the spot, the I.O. (P.W.9) prepared the spot map (Ext.10). He (P.W.9) held the inquest over the dead body of the deceased and prepared the report (Ext.2) and sent the same for post mortem examination by issuing necessary requisition. He (P.W.9) seized the blood stained and sample earth earth under the seizure list (Ext.3). Thereafter, the I.O. (P.W.9) arrested the accused. It is stated that the accused, while in police custody, gave the statement to have concealed the weapon, i.e, Dau and stated that if he would be taken to the place, he would give recovery of the same. Pursuant to the statement (Ext.7), the accused is said to have led the I.O. (P.W.9) and other witnesses in giving recovery of Dau, which was seized under seizure list (Ext.4). The wearing apparels of the accused were seized under seizure list (Ext.5). The post mortem report being received, the I.O. (P.W.9) made query from the Doctor (P.W.5) and received a reply that the injury might have been caused by the seized Dau. The seized incriminating articles were sent for chemical examination through Court. On 22/6/2017, P.W.9 handed over the charge of the investigation to the Sub-Inspector (S.I.) of Police (P.W.10), who submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.