JAYARAM KHORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) JUDGMENT dated 8.11.1996 and order of conviction under Section 302 and 323, Indian Penal Code passed against the Appellant by Learned Sessions Judge, Koraput in Sessions Case No. 252 of 1995 is under challenge in this Jail Criminal Appeal.

(2.) BEFORE noting the contention of the Appellant and consideration of the same, the fact leading to the prosecution of the Appellant is put on record in brief.

(3.) PROSECUTION also examined another Padlam Khora as P.W. 5, to prove the inquest as well as seizure of the blood -stained and sample earth and recovery of the axe and seizure thereof respectively under Seizure Lists marked Exts. 4, 5 and 6 and Dr. Smita Sahu (P.W. 9), who examined P.W. 3 and granted the Injury Certificate, Ext. 7, besides the police constable (P.W. 8) who accompanied the dead body and P.W. 11, the Investigating Officer.