STATE OF ORISSA Vs. MADAN BIDIKA AND ORS.

JUDGEMENT

(1.) THE judgment dated 23.2.1998 passed by learned Addl. District and Sessions Judge, Rayagada acquitting the accused persons of the charges under Sections 302/201/34 of I.P.C. in S.C. No. 4 of 1997 is assailed by the State in this appeal.

(2.) THE Respondents faced trial for alleged commission of offences under Sections 302/201/506 read with 34 I.P.C. However, during trial the charges were altered to Section 302/201/34 I.P.C.

(3.) ON receipt of the F.I.R. lodged, the local police commenced investigation, arrested accused Suba Rao and Madan, brought them to the village in police custody and in consonance with their disclosure police searched the bushes, shrubs, traced out the trunk, the severed head of the deceased Karshan, the weapon of offence (axe) was also recovered from a tree, inquest was conducted over the dead body and the same was sent for postmortem examination. The weapon of Crime and other materials were seized so also blood stained soil. After completing the investigation charge sheet was submitted in the Court of learned S.D.J.M., Rayagada in G.R. Case No. 333 of 1995. On perusal of the police records and on being satisfied that a prima facie case was made out learned S.D.J.M. took cognizance of the offences and committed the case to the Court of Sessions for trial.