BRUSHABHA DIGAL Vs. STATE

JUDGEMENT

(1.) Brushabha Digal (hereinafter referred to as the 'accused') calls in question legality of his conviction punishable for an offence under S. 302 of the Penal Code, 1860 (in short, the 'IPC') and sentence of imprisonment for life as awarded by learned Sessions Judge, Phulbani.

(2.) Shorn of unnecessary details, prosecution case is that on 8-9-1988 at about 5.30 a.m. accused, caught hold of the legs of Moli Digal (hereinafter referred to as the 'deceased'), a girl of two years of age, on the road and struck her on the ground as a result she sustained injury on the head and became senseless. Though she was admitted in the District Headquarters Hospital, Phulbani, she succumbed to injuries. The FIR was lodged at the Phulbani Town Police Station, investigation was undertaken and on completion thereof, chargesheet was submitted and the accused faces trial. The accused pleaded not guilty to the charges.

(3.) In order to further its case, prosecution examined ten witnesses, out of whom P.Ws. 2, 3 and 4 claimed to be the witnesses who had seen either the whole or part of the ghastly act. A plea of insanity to get protection under S. 84, IPC was advanced by the accused and in support of the plea, two witnesses were examined. One of them was the Doctor, who attended to the accused while he was detained in jail. Learned trial Judge did not accept the plea of insanity, held the accused guilty and convicted and sentenced as aforesaid.