DUTI DEI Vs. THE STATE
LAWS(ORI)-1978-2-11
HIGH COURT OF ORISSA
Decided on February 01,1978

Duti Dei Appellant
VERSUS
THE STATE Respondents

JUDGEMENT

P.K. Mohanti, J. - (1.) THE Appellant is a young woman of 20 who has been convicted under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life for having caused the death of her three months' old illegitimate child by throwing her into a tank.
(2.) PROSECUTION case was that the Appellant being unable to maintain the child due to poverty killed it by throwing it into the tank on 2 -6 -1974 at about 2.30 p.m. She confessed her guilt before the witnesses and led them to the tank where the dead child was found floating. She was taken to the village along with the dead child and was produced before the Gramarakhi. Then she was taken to the Bonth Police Station and on the information lodged by P.W. 1 F.I.R. was recorded. The doctor P.W. 6 performed post -mortem examination over the dead body and opined that the death was due to drowning. In due course, the Appellant was charge -sheeted by the police. The Appellant denied the charge and pleaded innocence. She disowned the dead child and denied having made any confession before the witnesses.
(3.) THERE is no direct evidence about the factum of murder. None of the witnesses stated to have seen the Appellant throwing the child into the tank. The trial Court has based the conviction of the Appellant primarily upon the evidence of extra -judicial confession alleged to have been made by the Appellant before P.Ws. 1 to 5 on 2 -6 -1974.;


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