SANJHU DHANWAR 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 order of sentence dtd. 14/12/2004 passed by the learned 1st Ad hoc Additional Sessions Judge, Sundargarh in Sessions Trial Case No.115/23 of 2004 arising out of G.R. Case No.576 of 2003 corresponding to Lephripada P.S. Case No.66 of 2003 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Sundargarh.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.11), in course of the investigation, examined the informant (P.W.1) and recorded his statement under Sec. 161 Cr.P.C. The I.O. (P.W.11), having visited the spot, prepared the spot map (Ext.11). He (P.W.11) held the inquest over the dead body of the deceased and prepared the report to that effect (Ext.2) and sent the dead body of the deceased for post mortem examination by issuing necessary requisition. The I.O. (P.W.11) thereafter seized the wearing apparels of the deceased under seizure list (Ext.12) and seized blood stained earth, sample earth under seizure list (Ext.3). He (P.W.11) thereafter arrested the accused and forwarded him in custody to Court. The I.O. (P.W.11) sent the seized incriminating articles for chemical examination through Court. On completion of the investigation, the I.O. (P.W.11) submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.