NARAYAN DALAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentenced dtd. 10/12/2001 passed by the learned 1st Additional Sessions Judge, Cuttack in Sessions Trial No.152 of 1997 arising out of G.R. Case No.923 of 1996 corresponding to Cuttack Sadar P.S. Case No.195 of 1996 in the Court of the learned Judicial Magistrate First Class, (R), (J.M.F.C.), Cuttack.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.11), in course of the investigation, shifted the injured Siba to S.C.B. Medical College & Hospital, Cuttack for treatment, visited the spot and deputed a police constable to guard the spot. He (P.W.11) made a requisition to the scientific team for collection of the clues. On receipt of the information that Siba succumbed to the injuries while undergoing treatment, he (P.W.11) proceeded to the Hospital and held inquest over the dead body of Siba and prepared the report to that effect (Ext.8). He (P.W.11) sent the dead body of Siba for post mortem examination. He (P.W.11) arrested this accused and one Bidyadhar Mohapatra on 3/8/1996 and sent them to Court in custody. Since he (P.W.11) was under the order of transfer, the investigation of the case was handed over to his successor (P.W.10).