BRUNDABAN BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this CRA, the convict/ appellant (Brundaban Bag) assails the judgment of conviction and order of sentence dated 24.07.2000 passed by the learned Additional District and Sessions Judge, Nuapada in Sessions Case No.4/8 of 1999-2000, whereby he has been convicted and sentenced to undergo imprisonment for life for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity).

(2.) The gravamen of the prosecution case against the convict/ appellant is that on 20.09.1998 informant (Bija Bag) gave birth to a child through one Dasarath Hans with whom she had love affairs. The said Dasarath Hans happens to be the brother-in-law of the convict/ appellant and the informant is the sister of the convict/ appellant. Prior to the birth of the said child, the informant was persuading the said Dasarath Hans to accept her as his wife, but the same was not approved by the convict/ appellant. On the next day, i.e., on 21.09.1998 at about 6.00 P.M. the informant leaving her newborn baby in her room had been to fetch water to a nearby tube well. Further case of the prosecution is that in the absence of the informant, the convict/ appellant entered into her house, throttled the neck of the newborn baby and killed the child. Having returned from the tube well, the informant came to know about the death of her child and thereafter on the next day i.e. on 22.09.1998, she presented a written report before the Sinapali Police Station, Sinapali. On the basis of the said F.I.R., police registered a case and took up investigation. In course of investigation, by examining the witnesses, conducting inquest over the dead body, conducting post-mortem examination all relevant steps were taken. Upon completion of investigation, the Investigating Officer submitted charge-sheet against the accused/ appellant under Section 302 of the I.P.C.

(3.) The plea of the accused is of a complete denial to the occurrence and to the false implication.