STATE OF ORISSA Vs. GOLAPI DEI

JUDGEMENT

(1.) The order of acquittal dated 10.07.1996 passed by the Sessions Judge, Kalahandi -Nuapada, in S.C. No. 20 of 1996, is under challenge in the present Government Appeal filed by State of Orissa.

(2.) The case of the prosecution, in brief, is that, in the early morning of 30.9.1995, the mother -in -law and husband of the accused Golapi went to Bagmunda for working in the soil conservation as labourers. The accused, her minor daughter aged about one year and the deceased, who was aged about six years, were only in their house. The accused left her house on the same day (30.9.1995) at about 8 A.M. along with her minor daughter and the deceased Piko Dei for collecting firewood. She went to Majhipada burial ground of their village. She left her daughter there and was collecting firewood. At that time, her daughter cried and so she directed the deceased to carry her daughter but the deceased did not listen to her. The accused out of anger brought stones and brutally assaulted the deceased, as a result of which, she sustained severe injuries on the fore -head, head and other parts of her body and fell down on the ground and succumbed to the injuries at the spot. Finding the deceased to be dead, the accused dragged her to a distance and concealed the dead body behind the bushes and went home. At about 1.30 to 2.00 P.M., the mother and brother of the deceased came and searched for her but could not get any trace of her. On the request of the mother of the deceased, P.W.2 and Ors. searched for the deceased and P.W. 2 found the dead body of the deceased lying inside his cultivable land, where there were bushes of Palas and Amari plants under a Mahua tree. P.W. 2 informed the fact to the villagers and reported the said fact to the police on the next day as there was water in the river and they could not go in the night. On receiving the report of P.W. 2, regarding the death of deceased Piko Dei, P.W.8 registered U.D. Case No. 6 of 1995 and directed P.W.1 to enquire into the matter. During enquiry, P.W.1 visited the spot, held inquest over the dead body of Piko Dei and sent the same for post -mortem examination. On receipt of the post -mortem report on 5.10.1995, P.W.1 made further enquiry and during such enquiry, it came to light that the accused has committed murder of deceased Piko Dei and accordingly P.W.l drew up a plain paper FIR and lodged it before the OIC, Kegaon Police Station, which was registered as Kegaon P.S. Case No. 68 of 1995 under Ss. 302/201 Indian Penal Code. On 1.10.1995, at about 11.30 A.M., during inquest, the I.O. seized two stones stained with blood (M. Os. I and II). He seized sample earth and blood stained earth from the spot. On 5.10.1995, the I.O. seized saree of the accused (M.O. III) and also the wearing apparels of the deceased.

(3.) During investigation, the I.O. (P.W.8) visited the spot and prepared the spot map and arrested the accused and sent the M. Os. for chemical examination. After completion of the investigation, the I.O. submitted charge sheet against the accused under Ss. 302/201 Indian Penal Code.