JUDGEMENT
S.K.MISHRA,J. -
(1.)The sole appellant-Arjuna Sabar assails his conviction for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'Penal Code,' for brevity) and to undergo imprisonment for life, recorded by the learned Sessions Judge, Sambalpur in S.T. Case No.84 of 2008, vide, judgment of conviction and order of sentence dated 10th March, 2009.
(2.)The prosecution case is that, on 10.03.2008, at about 12.30 P.M., the deceased was present in his house. The appellant came with a stick and beat him to death. Brother of the deceased, the informant in this case, submitted a report before the I.I.C., Charmal Police Station. On the basis of the said report, the Investigating Officer, P.W.6, Rabindra Ku. Mallick took up investigation of the case, examined the informant and other witnesses, recorded their statements, despatched the dead body for postmortem examination after holding inquest over the dead body, seized the material objects and arrested the accused. On the basis discovery statement of the accused, he recovered the weapon of offence i.e. wooden batten (M.O.-I). He obtained the opinion of the doctor, who has conducted postmortem examination on the dead body of the deceased regarding the weapon of offence and the injuries found on the deceased. Material objects were sent through the learned S.D.J.M., Sambalpur for chemical examination to R.F.S.L., Sambalpur. After completion of investigation, he submitted the charge sheet against the appellant under Section 302 of the Penal Code.
(3.)The appellant took the plea of simple denial and pleaded his innocence.
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