STATE OF ODISHA Vs. JADA @ JAGABANDHU BHOI

JUDGEMENT

(1.) Since these two Appeals arise out of the judgment of conviction and order of sentence dtd. 23/12/1992, passed by the learned Additional Sessions Judge, Bhadrak, those were heard together for their disposal by this common judgment, on the consent of the parties.

(2.) Prosecution Case:-

(3.) In course of investigation, the ASI of Police (P.W.10) held inquest over the dead body of the deceased Baidhar Parida in presence of witnesses and prepared the report to that effect vide Ext.6. Then he examined the inquest witnesses and submitted the case diary to OIC, Naikandihi Police Station. That P.W.11 taking up the investigation, visited the spot and prepared the report to that effect vide Ext.9. He (P.W.11) from near the spot seized two straws stained with blood and the bark of PALADHUA tree stained with blood in presence of witnesses and prepared the report (Ext.10) to that effect. On that day, he (P.W.11) also seized seven lathis from the house of Sarbeswar Dalei in presence of witnesses under seizure list (Ext.11). The I.O (P.W.11) had examined the informant P.W.1 and other witnesses. On 28/9/1990, the I.O (P.W.11) handed over the charge of investigation to the Circle Inspector, Bhadrak (R) Police Cirlce (P.W.13), who arrested the accused persons and on completion of investigation, he (P.W.13), submitted the Final Form placing the accused to face the Trial for commission of the offence under Sec. 148/302/149 of the IPC.