MAHANTARA SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has challenged the judgment of conviction and order of sentence dtd. 16/9/2010 and 17/9/2010 respectively passed by the learned Ad hoc Additional Sessions Judge (Fast Track), Chatrapur in Sessions Trial No.38 of 2008 (S.T. No.121/2008-GDC) corresponding to G.R. Case No.215 of 2007 arising out of Hinjili P.S. Case No.100 of 2007 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Chatrapur.

(2.) Prosecution Case:-

(3.) In course of investigation, the I.O (P.W.11) examined the informant (P.W.3) and other witnesses. The I.O. (P.W.11), having visited the spot, prepared the spot map (Ext.10). He shifted the injured to M.K.C.G. Medical College and Hospital, Berhampur for treatment. From the spot, the I.O. (P.W.11) seized the blood stained tangia, sample earth and blood stained earth under the seizure list (Ext.1). The wearing apparels of the injured were seized under seizure list (Ext.3). On getting information from the Hospital that the injured died while undergoing treatment at Berhampur, the I.O. (P.W.11) proceeded to Berhampur and held inquest over the dead body of the Podal Bhagaban and prepared his report (Ext.4). Thereafter, the dead body of Podal was sent for post mortem examination by issuing necessary requisition. The seized incriminating articles were sent for chemical examination through Court. On 28/10/2007, the I.O. (P.W.11) handed over the charge of the investigation to the Circle Inspector of Hinjili, who, on completion of the investigation, submitted the Final Form placing this accused to face the trial under Sec. 302 of the IPC.