KHAGESWAR PUJARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Khageswar Pujari has been convicted by Additional District and Sessions Judge, Bhawanipatna under Section 302 I.P.C and sentenced to undergo R. I. for life for murdering his daughter Basanti aged about 2? years.

(2.) THE facts of this case are telling and stand almost uncontroverted. The evidence on record as to the factum of infliction of injury by the appellant on the victim while she was feasting on some soaked rice in the morning of the date of occurrence is conclusive and of clinching nature.

(3.) THE only point that has been urged by the learned counsel for the appellant is that the appellant at the time of the occurrence was labouring under mental insanity covered by the general exception engrafted under Section 84 of the Indian Penal Code. The learned counsel further submits that the Trial Court did not properly appreciate the evidence on record although it was the duty of the Court to have considered all the factors and the relevant evidence attending the case in order to find out as to whether the provision of Section 84 was attracted or not.