BANAMALI DEHURY 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 order of sentence dtd. 18/9/2009 passed by the learned Additional Sessions Judge, Rairangpur in C.T. Case No.45 of 2007 arising out of G.R. Case No.196 of 2007 (T.C. No.756/07) corresponding to Bisoi P.S. Case No.35 of 2007 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Rairangpur.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.10), in course of the investigation, examined the informant (P.W.1) as also the scribe of the FIR (Ext.1) and recorded their statement under Sec. 161 Cr.P.C. The I.O. (P.W.10), having visited the spot, prepared the spot map (Ext.6) and held the inquest over the dead body of Gurubari and prepared the report to that effect (Ext.2). Thereafter, the I.O. (P.W.10) sent the dead body of Gurubari for post mortem examination by issuing necessary requisition. He (P.W.10) seized one stick and the wearing apparels of the accused under seizure list (Ext.4) and also seized blood stained earth, sample earth and broken bangles under seizure list (Ext.3). The I.O. (P.W.10) sent the seized incriminating articles for chemical examination through Court and on completion of the investigation, submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.