STATE OF ORISSA Vs. UTTARA PRADHAN

JUDGEMENT

(1.) The judgment and order of acquittal dated 22nd July, 1999 passed by learned 1st Addl. Sessions Judge, Berhampur acquitting the Respondent from the charge under Sec. 302 of the Indian Penal Code (in short, "I.P.C. ")'in S. C. No. 1/96/S. C. 416/95 GDC is assailed in this appeal by the State of Orissa.

(2.) The accused -Respondent is a lady. She was arrested on 20.10.1995 on the allegation that she had committed murder of a four year old female child, named, Sangita. Adumbrated in brief, the prosecution case as unfolded during trial, is that Harikrushna married accused Uttara and two sons and one daughter were born out of the said marriage. Unfortunately, Harikrushna died. Thereafter, Uttara married Krutibas, the younger brother of Harikrushna. Out of the said wed -lock also two sons were born. While the matter stood thus, Krutibas came in contact with Manita, daughter of one of his field servants. Both of them eloped and got married at Puri. Sangita is the daughter of Manita through Krutibas. After staying at Surat for quite some time, Krutibas and Manita alongwith their daughter Sangita returned to their village and stayed in the said house. On 12.8.1995 at about 11 A.M. it is alleged, Uttara called Sangita, gave her some food at -about 11 A.M. and took Sangita with her towards the field. The mother of Sangita searched for her daughter at about 1.00 P.M. and came to know from some of the villagers that Sangita had gone with the accused. The family members searched for the giri, but could not trace her. In course of such search, they found the dead body of Sangita floating inside a well belonging to Maheswar Pradhan around 10 P.M. Suspecting complicity of the accused in the crime, Gangadhar Pradhan questioned her in presence of the villagers. It is stated that she admitted to have pushed the girl into the well. On the next day, Saita Barikv the maternal grand -father of Sangita lodged an F.I.R. at Buguda Police Station. On the basis of the said F.I.R. a P.S. case was registered, which was subsequently converted to G. R. Case No. 326 of 1995 and investigation commenced. After recovering the dead body, conducting inquest, examining the witnesses, the I.O. submitted charge -sheet. Learned SDJM, Bhanjanagar after taking cognizance of the offence committed the case to the Court of Session for trial.

(3.) In. order to establish the case, the prosecution got examined 14 witnesses and exhibited several documents.