BHUKLUALIAS MANGA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment of conviction and order of sentence dated 22.01.2000 passed by the learned Additional Sessions Judge, Rourkela in S.T. Case No.31/7 of 1998 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for one month more.

(2.) THE case of the prosecution as unfolded during trial is that on05.09.1997 the appellant enquired from his wife (P.W.2) about the parentage ofher seven months old last daughter (deceased). His wife replied that, she was hisdaughter. THE appellant got angry, snatched away the deceased from P.W.2,killed her by a tangia and put her dead body in an earthen pot. THE further caseof the prosecution is that, deceased was born when the appellant was detainedin jail custody in connection with a case. So the appellant was suspecting herparentage and was quarrelling with his wife. THE matter was reported to thepolice by P.W.1, the brother of P.W.2. Police registered the case, proceeded withinvestigation and after its completion, submitted charge-sheet against theappellant under section 302, IPC.