SURATI MATRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant by filing this Appeal from inside the jail has challenged the judgment of conviction and order of sentence dtd. 18/10/2016 passed by the learned Additional Sessions Judge, Sundargarh in Sessions Trial Case No. 58/28 of 2015 arising out of G.R. Case No.1202 of 2014 corresponding to Hemagir P.S. Case No.161 of 2014 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Sundargarh.

(2.) The prosecution case is that around evening of 31/12/2014, the accused intentionally caused the death of Bachu Rout by giving blows by means of Gainti (heavy weapon made of iron having pointed ends). It is stated that accused dealt the blows by the Gainti on the chest of Bachu, when he was in the Guditikiri jungle. One Makhani Rout (P.W.9) when informed her brother Raju Rout (P.W.1) about the incident over telephone; Raju Rout (P.W.1) came and went to that jungle with others and there he found the dead body of Bachu Rout, the father of Raju Rout (P.W.1) with profuse bleeding from chest.

(3.) In course of investigation, the Investigating Officer (I.O.-P.W.16) examined the Informant (P.W.1) and other witnesses, visited the spot, drew the spot map, Ext.13 and having held inquest over the dead body of the deceased, prepared the inquest report, Ext.1 in presence of the witnesses. He then sent the dead body for postmortem examination by issuing necessary requisition. The accused being apprehended at village: Ustali, he while in police custody stated to have given recovery of the Gainti which he had kept in his house. Therefore, his statement (Ext.3) was recorded by the I.O. (P.W.16) and he then led P.W.16 and others to his house. He gave recovery of the Gainti, which was seized under seizure list, Ext.4. The I.O. (P.W.16) seized other incriminating articles and sent those for chemical examination through Court.