KUKULI MALLIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, from inside the jail, has challenged the judgment of conviction and order of sentence dtd. 8/10/2004 passed by the learned Sessions Judge, Phulbani in Sessions Trial No.178 of 2002, corresponding to Balliguda P.S. Case No.42 of 2002 of the Court of the learned Sub-Divisional Judicial Magistrate, Balliguda.

(2.) Prosecution Case:-

(3.) In course of investigation, the I.O (P.W.8) examined the informant (P.W.4) and other witnesses, held inquest over the dead body of the deceased Rameswar in presence of the witnesses and prepared the inquest report (Ext.2). He sent the dead body for post mortem examination. He seized the weapon of offence i.e. a knife from the spot in presence of the witnesses and prepared the report to that effect vide Ext.3. He also seized the blood stained earth and sample earth from the spot in presence of the witnesses and prepared the seizure list vide Ext.9. The I.O (P.W.8) seized the wearing apparels of the deceased in presence of the witnesses on production by Police Constable and prepared the seizure list (Ext.10). He (P.W.8) also seized the wearing apparels of the accused in presence of the witnesses and prepared the report vide Ext.11. He arrested the accused and forwarded him in custody to Court. The seized incriminating articles were sent for chemical examination to SFSL, Bhubaneswar through Court. He examined other witnesses. He too prepared a spot map under seizure list vide Ext.14.