LAMBU BESRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the jail, has called in question the judgment of 0conviction and order of sentence dtd. 22/4/2013 passed by the learned Sessions Judge, Balasore in Sessions Trial No.341 of 2010 arising out of C.T. No.466 of 2010 corresponding to Jaleswar P.S. Case No.181 of 2010 in the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Jaleswar.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.10), in course of the investigation, examined the informant (P.W.2) and other witnesses and recorded their statements under Sec. 161 of the Cr.P.C. The I.O. (P.W.10), having visited the spot, prepared the spot map (Ext.6). He too held the inquest over the dead body in presence of the witnesses and prepared the report (Ext.4). He (P.W.10) sent the dead body of Padma for post mortem examination by issuing necessary requisition. The I.O. (P.W.10) seized the sample earth, blood stained earth under seizure list (Ext.7). The wearing apparels of the accused were seized under seizure list (Ext.9). It was 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 (Ext.10), 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.11). The seized incriminating articles were sent for chemical examination through Court. On completion of investigation, the Final Form was submitted placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.