HEMLAL MUNDARI 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. 4/5/2005 passed by the learned Additional Sessions Judge, Rairangpur in S.T. Case No.20/97 of 2003 arising out of G.R. Case No.485 of 2002 (T.C. No.207/03) corresponding to Gorumahisani P.S. Case No.44 of 2002 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Rairangpur.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.10) examined the Informant (P.W.1) and recorded his statements under Sec. 161 of Cr.P.C. Having visited the spot, the I.O. (P.W.10) prepared the spot map (Ext.11). He (P.W.10) held the inquest over the dead body of Dakua and prepared the report (Ext.2) and sent the same for post mortem examination by issuing necessary requisition. The I.O. (P.W.10) seized one Paniki (kitchen knife) from the spot under seizure list (Ext.3) and one blood stained Kantha (thin mattress), one blanket and other articles under seizure list (Ext.4). The wearing apparels of the accused and the deceased were seized by the I.O. (P.W.10) under seizure lists (Ext.5 and 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. 302 of the IPC.