SANJEEB KUMBHAR 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 dated 23rd August, passed by the learned 1st Additional Sessions Judge, Sambalpur in S.T. Case No.117/19/84 of 2012-13-14 arising out of G.R. Case No.191 of 2012 corresponding to Burla P.S. Case No.17 of 2012 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Sambalpur.

(2.) Prosecution Case:-

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.15) examined the Informant (P.W.1) and recorded his statement under Sec. 161 of the Cr.P.C. The I.O. (P.W.15) proceeded to the V.S.S. Medical College and Hospital, Burla where the dead body of Pakhiraj was lying and as it was night, he could not held the inquest over the dead body of Pakhiraj for which he deployed police personnel to guard the dead body of Pakhiraj. On the next day, i.e., on 31/1/2012, the I.O. (P.W.15) visited the spot along with the Informant (P.W.1) and the members of the scientific team. He (P.W.15) seized the blood soaked gauge, sample gauge, sample earth, blood stained earth and the axe with wooden handle and playing cards under the seizure list (Ext.3). On that day, the I.O.(P.W.15), having proceeded to V.S.S. Medical College and Hospital, Burla, held inquest over the dead body of Pakhiraj and prepared the report to that effect (Ext.2). He then sent the dead body for post mortem examination by issuing necessary requisition. The I.O. (P.W.15) seized the wearing apparels of the accused under seizure list (Ext.5) and sent the him for medical examination. The seized incriminating articles were sent for chemical examination through Court. On 8/3/2012, the I.O. (P.W.15) handed over the charge of the investigation to the I.I.C. (P.W.14), who revisited the spot, re-examined some of the witnesses and recorded their statement and after completing 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.