JAGARAO KANJAKA Vs. STATE OF ORISSA

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. 12/4/2013 passed by the learned Sessions Judge, Rayagada in C.T. No.64 of 2010 arising out of G.R. Case No.73 of 2010 corresponding to K. Singhpur P.S. Case No.13 of 2010 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Rayagada.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.10) examined the Informant (P.W.9) and other witnesses and recorded their statements under Sec. 161 of Cr.P.C. Having visited the spot, the I.O. (P.W.10) prepared the spot map (Ext.10). He (P.W.10) held the inquest over the dead body of the deceased and prepared the report (Ext.1) and sent the same for post mortem examination by issuing necessary requisition. He (P.W.10) seized the sample earth and bloodstained earth under seizure list (Ext.4). It is stated that the accused, while in police custody, gave the statement to have concealed the weapon and stated that if he would be taken to the place, he would give recovery of the same. Pursuant to the statement, the accused is said to have led the I.O. (P.W.10) and other witnesses in giving recovery of the weapon, which was seized under seizure list (Ext.6). The seized incriminating articles were sent for chemical examination through Court. On completion of the investigation, Final Form was submitted placing the accused to face the Trial for commission of the offence under Sec. 294/302/34 of the IPC.