PURNA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dtd. 20/3/2015 passed by the learned Additional Sessions Judge, Phulbani in Sessions Trial No.73 of 2014 (T) corresponding to G.R. Case No.153 of 2014 arising out of Khajuripada P.S. Case No.23 of 2014 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Phulbani.

(2.) Prosecution Case:-

(3.) In course of investigation, the I.O (P.W.16) examined the informant (P.W.3) and recorded her statement under Sec. 161 Cr.P.C. The I.O. (P.W.16), having visited the spot, prepared the spot map (Ext.8). At the spot, the I.O. (P.W.16) seized sample earth, blood stained earth under seizure list (Ext.1). The I.O. (P.W.16) also seized three numbers of lathi, one hammer and one small axe from the spot under seizure list (Ext.7). On getting information from the Hospital that the injured died while undergoing treatment at District Headquarters Hospital, Phulbani, the I.O. (P.W.16) proceeded to Phulbani and held inquest over the dead body of the Bhimsen and prepared his report (Ext.2). Thereafter, the dead body of Bhimsen was sent for post mortem examination by issuing necessary requisition. The I.O. (P.w.16) sent all the accused persons for medical examination after their arrest. The seized incriminating articles were sent for chemical examination through Court. On 11/6/2014, the I.O. (P.W.16) submitted the Final Form placing this accused (Bhimsen) with other three accused persons (Siba, Gauri and Sujata) to face the trial under Sec. 302/34 of the IPC.