STATE OF ORISSA Vs. TRINATH PALAI

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the judgment is as follows.

(2.) ORDER of acquittal passed by learned Second Additional Sessions Judge, Puri in favour of the accused -respondent is under challenge at the behest of the State, the prosecutor. Respondents faced the trial for the charge under Section 302/34, I.P.C. and as per the impugned judgment delivered on 8th May, 1989 in Sessions Trial No. 7/2 of 1989, learned Addl. Sessions Jude, Puri found the respondents not guilty of the offences and acquitted them.

(3.) ACCORDING to the allegation by the prosecution, in the occurrence night the female folks of the family, i.e. P.W.5, her mother -in -law and sister -in -law ('Nananda) and also the younger brother -in -law ('Deara) slept inside the one -roomed house and accused Trinath Palai went and slept in the adjoining school verandah. After passing of mid night when the child (deceased) cried, P.W.5 was making breast -feeding to her and then accused Trinath knocked at the door and the door was opened by the sister -in -law of P.W.5. Accused entered into the room and asked why the child was crying, and when P.W.5 narrated the cause, thereafter accused snatched the child from her lap and then the co -accused Bilasini, who is the grandmother of the deceased, physically restrained P.W.5 by catching hold of her hands. Accused Trinath then put the child on the floor and throttled her and done to death. In the process, blood came out from the angle of the mouth and nostril of the child. Seeing that incident P.W.5 out of sorrow and disgust dashed her head against the floor and became senseless. Accused Trinath thereafter wrapped the dead body of the child in a piece of cloth and in that night took that to the burial ground and buried the child. On the following day morning villagers came to know about the incident and appeared in front of the house of the accused persons. P.W.5 then did not narrate anything to them. In the meantime her brother -in -law ('Deara) went and intimated to her father about the death of the child. On the instruction of her father (P.W.6), the brother of P.W.5 arrived at the occurrence house and then P.W.5 narrated the whole incident to him. Thereafter law was set into motion by lodging F.I.R. against the accused persons. In course of the investigation, accused Trinath Palai escorted the police and the Executive Magistrate to the spot where the dead body was buried. The dead body was disinterred, inquest was held and sent for post -mortem examination.