STATE OF ORISSA Vs. SURUJI DEI

JUDGEMENT

(1.) THIS appeal has been preferred by the State against an order of acquittal passed by the learned Additional Sessions Judge of Keonjhar acquitting both the respondents of the charges under Sections 302/34 and 201/34. Indian Penal Code.

(2.) PROSECUTION case was that on 27.4.1971 the respondents committed the murder of a tiny boy named Bimbadhar aged about 2 years and threw his body into a pond with the common intention of causing disappearance of the evidence of murder. The incident took place at the house of P.W. 4 Govinda Sahu at village Mudulipada under Anandapur police station in the district of Keonjhar.

(3.) AFTER the occurrence came to light, P.W. 2 along with some others proceeded to Anandapur Police Station (about 24 kilometers distant from the spot) and lodged F.I.R. on the next morning at 8 A.M. The A. S. I. of Police (P.W. 18) arrived at the spot at 12 noon and arrested both the respondents at 3 P.M. He seized the saree (M.O. III) from the person of respondent No. 1 as it contained blood stains and seminal stains. He also seized the Paniki (M.O. II). He found blood stains on the doors of the granary. Going inside the granary he found that the paddy heap had undergone a depression. He seized some paddy soaked with blood. P.W. 16, the S.I. of police took charge of the investigation on 29.4.1971 at 9 A.M. The doctor P.W. 20 held post mortem examination over the dead body on 29.4.1971 and found six incised wounds on different parts of the body. He opined that the injuries were ante mortem and might have been caused by the Paniki - M.O. II at the time of post mortem examination he found some paddy sticking to the injuries. He also examined the vaginal smear of respondent No. 1 Suruji and found some dead spermatozoa present. He opined that respondent No. 1 had cohabitation about 72 hours before the time of her examination. On 3.5.1971 respondent No. 1 made a judicial confession (Ext. 24) before the Magistrate - P.W. 19. After due investigation, charge -sheet was submitted against both the respondents under Section 302/34 and 201/34, I.P.C.