DAMU NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the jail, has assailed the judgment of conviction and order of sentence dtd. 9/11/2016 and 10/11/2016 respectively passed by the learned Ad hoc Additional Sessions Judge (F.T.), Champua in S.T. Case No.41/148 of 2005 arising out of G.R Case No.68 of 2005, corresponding to Joda P.S. Case No.39 of 2005 of the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Barbil.

(2.) PROSECUTION CASE:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.9) examined the informant (P.W.1). He (P.W.9), having visited the spot, prepared the spot map (Ext.11) and held inquest over the dead body of the deceased and prepared the report to that effect (Ext.9). The dead body of the deceased was sent for chemical examination by issuing necessary requisition. He (P.W.9) seized sample earth, blood stained earth and two numbers of blood stones from the spot and prepared the seizure list (Ext.8).One lathi, being produced by the Informant (P.W.7), the same was seized by the I.O. (P.W.9) under seizure list (Ext.12). The wearing apparels of all the accused persons were seized under seizure lists Exts.4, 5, 6 and 7 and the seizure list showing the seizure of wearing apparels of the deceased is Ext.2. The I.O. (P.W.9) then sent the seized incriminating articles for chemical examination through Court. Said I.O.(P.W.9), being transferred, handed over the charge of the investigation to the O.I.C. of Joda P.S. (P.W.10), who, after examining the some of the witnesses and completing the formalities, submitted the Final Form placing this accused along with three others to face the trial under Sec. 341/323/302/34 of the IPC.