JUDGMENT :

Biswanath Rath, J.

1. This appeal arises out of an order of acquittal dated 4.5.1999 passed by the Sessions Judge, Dhenkanal-Angul at Dhenkanal acquitting the respondent from the charge under Section 302 of the Indian Penal Code.

2. Prosecution led the story that on 21.4.1996 at about 3 P.M. while the son of the accused was counting money, the accused demanded for immediate handing over the money to him failing which accused threatened to kill his son. Son of the accused being afraid of the same ran away from the place and it is alleged that after the above, the accused chased his daughter, namely, Salma and assaulted her by means of a spade inflicting several blows resulting death of his daughter Salma in the backyard near the fence. Prosecution has the further story that at the above point of time, wife of the accused, namely, Basanti, who had been to fetch water, on her arrival protested the drastic act of the husband. Unfortunately, the husband then chased his wife Basanti and killed her by use of same spade. Prosecution story further reveals that for the ghastly act of the accused-respondent people from the neighborhood fled away from their houses and gathered at the e