RAMA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the appellants have assailed their conviction and sentence in the judgment dated 13.9.2010 passed by Adhoc Addl. Sessions Judge (F.T.C.-II), Balasore in Sessions Trial No.107/50 of 2009/07. The learned Sessions Judge, has convicted them U/s.376(2)(g) of the I.P.C. and passed sentence R.I. for 10 (Ten) years and also U/s.302/34 of the I.P.C. sentencing life imprisonment and U/s.201/34 of the I.P.C. sentencing R.I. for 5(Five) years. Both the appellants were convicted and sentenced with another accused-Kaira Jarka who has not preferred appeal.

(2.) The prosecution case in narrow compass may be stated thus:-

(3.) Investigation ensued. The Investigating Officer made inquest over the dead body. At his instance the scientific team collected blood stained earth and stone from the spot. All the accused persons were arrested. Accused Jujhar Hoo gave confessional statement and led to discovery of a blood stained stone concealed in a bush near the spot. The accused persons were medically examined and their semen and blood sample were collected. The vaginal swab of deceased was collected by Doctor (P.W.22). All those articles were sent for chemical examination to S.F.S.L., Rasulgarh. The Chemical Examination report was also obtained vide Exhibit-23. Postmortem was conducted, the death was found to be due to the injuries to the brain. The Doctor also gave his opinion on the blood stained stone that injury might have been caused by such stones vide Exhibit-24. After completion of investigation charge-sheet was submitted.