SIKU MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 5/8/2019 passed by the learned Sessions Judge, Rayagada in C.T. No.60 of 2017 arising out of G.R. Case No.91 of 2017 corresponding to Tikiri P.S. Case No.31 of 2017 in the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Kashipur. The Appellant (accused) thereunder has been convicted for committing the offence under Sec. 302 of the Indian Penal Code, 1860 (for short, 'the IPC'). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.500.00 (Rupees Five Hundred) in default to undergo rigorous imprisonment for ten (10) days for commission of the said offence.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.10), in course of the investigation, examined the informant (P.W.1) and other witnesses and recorded their statements under Sec. 161 Cr.P.C. He (P.W.10), having visited spot, prepared the spot map (Ext.5) and sent the dead body of Basu for post mortem examination by issuing necessary requisition. The I.O. (P.W.10) seized the sample earth and blood stained earth from the spot under seizure list (Ext.3). He (P.W.10) arrested the accused at about 4.00 p.m. and it is said that this accused, while in police custody, gave his statement to have concealed the weapon and stated that if he would be taken to the place, he would give recovery of the same. Thereafter, he (accused) led the I.O. (P.W.10) and other witnesses to his hosue in giving recovery of wooden lathi. The said wooden lathi has been seized by the I.O. (P.W.10) under seizure list (Ext.2). The wearing apparels of the accused and deceased were also seized by the I.O. (P.W.10) under seizure lists, Exts.7 and 8 respectively. The seized incriminating articles were sent for chemical examination through Court. On completion of the investigation, the I.O. (P.W.10) submitted the Final Form placing this accused to face the Trial for commission of the offence under Sec. 302 of the IPC.