AJAYA MAHAKUD Vs. STATE

JUDGEMENT

(1.) In this appeal from District Jail, Sundargarh, Ajaya Mahakud (hereinafter referred to as the 'accused') calls in question legality of his conviction under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of imprisonment for life as awarded by the learned Sessions Judge, Sundargarh.

(2.) Accusation of the gruesome and cruel Act which led to the trial of the accused is as follows : On the night of 29-10-1987, the accused pushed a young child of about 4 years into fire which resulted in his death. The deceased was the son of one Biswanath Behera who had developed some intimacy with the accused, during his stay in village Kasia for about a month, where he had gone for preparing tiles. After Biswanath returned from Kasia, the accused came and stayed in his house, as he expressed that he was not feeling well. On 28-10-1987 his nephew Suren, and one Nilakantha Naik came from village Kasia in search of the accused. They all took food in the night of occurrence. As sufficient space was not there, Suren and Nilakantha stayed in the house of one Krishna Behera who had his house near the house of Biswanath. Since it was a cold night, fire was burning in the fire place. At about 11 p.m. the accused started murmuring and told Biswanath that he was not feeling well and his nephew and the other man should be called. Biswanath went to Krushna's house to call them. Within a few minutes thereafter, when they all came, they saw the accused placing the deceased child on the burning fire by holding his legs. When they wanted to rescue the child from the fire, the accused wanted to assault Biswanath by means of a lathi. Several persons assembled there and the accused was taken to control and brought from inside the house and was detained. In the process of his struggling to escape, he sustained injuries on his head. The child was immediately shifted to Joda Hospital for treatment and the matter was reported at Koida Police Station by Nilakantha Behera, the uncle of Biswanath. While under treatment at Joda Hospital, the child died on 30-10-1987. Investigation was undertaken and the accused faced trial. In order to establish its case, 11 witnesses were examined by the prosecution.

(3.) The accused took a plea of innocence. He, however, pleaded that he was not in senses and cannot say as to what happened. He admitted that he stayed in the house of Biswanath on the night of occurrence. During trial the plea of unsoundness of mind was pressed into service. In other words, it was pleaded that the benefit of Section 84, IPC was to be extended.