MAXI @ MAXIMUS SORENG Vs. STATE OF ODISHA

JUDGEMENT

(1.) By the Bench: The appellant Maxi @ Maximus Soreng faced trial in the Court of learned 2nd Adhoc Additional Sessions Judge, Sundargarh in Sessions Trial Case No.255/29 of 1998-04 for commission of offences under Sec. 302, 315 and 201 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on the night of 11/2/1998 at about 9 p.m., in the village Tildega (Dumerguda), he committed murder of Kumudini Dung Dung (hereinafter 'the deceased') and her newly born female child and threw the dead bodies of the deceased and her child into a well before the birth of the child with the intention of preventing that child from being born alive and after knowing certain offences have been committed, he caused disappearance of the evidence by tying the dead body of the deceased with stone and threw the same inside a well situated near Dumerguda with the intention of screening himself from legal punishment.

(2.) The prosecution case, as per the first information report (F.I.R.) lodged by Silsila Dungdung (P.W.3), the mother of the deceased before the Officer in-Charge of Kinjirkela police station on 24/2/1998, is that the appellant was working as a field servant in the house of her co-villager, namely, Jakrias Dungdung and was staying in the house of the latter. During his stay there, the appellant developed illicit relationship with the deceased secretly for which the deceased became pregnant.

(3.) After submission of charge sheet, complying with the due committal procedure, the case was committed to the Court of Session, where the trial Court framed the charges against the appellant as aforesaid. As the appellant pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to establish his guilt. Prosecution Witnesses, Exhibits & Material Objects: