DUKHISHYAMA BAGHAR 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 the order of sentence dtd. 5/1/2022 passed by the learned Additional Sessions Judge, Athmallik in C.T. (S) No.46 of 2018 arising out of G.R. Case No.282 of 2018 corresponding to Kishorenagar P.S. Case No.58 of 2018 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Athmallik.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.23) examined the Informant (P.W.23) and other witnesses, recorded their statements under Sec. 161 of Cr.P.C. and issued requisition to District Forensic Science Laboratory, Dhenkanal for ascertaining some clues. She (P.W.23) held the inquest over the dead body of the deceased and prepared the report (Ext.10) and sent the same for post mortem examination by issuing necessary requisition. She (P.W.23) seized the hammer under seizure list (Ext.4). She (P.W.23) seized the blood stained and sample earth near the dead body of Karuna under the seizure list (Ext.5). The seized incriminating articles were sent for chemical examination through Court. On 22/6/2017, P.W.9 handed over the charge of the investigation to the Sub-Inspector (S.I.) of Police (P.W.10), who submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.