The court determined the appellant's mental illness at the time of the crime, establishing that she lacked the capacity to understand her actions, thereby allowing her appeal under Section 84 of the IPC.

JUDGMENT :

1. The appellant Gitanjali Pradhan faced trial in the Court of learned Adhoc Additional Sessions Judge (F.T.C.-II), Balasore in Sessions Trial No.102/206 of 2009/2007 for commission of offence punishable under section 302 of the Indian Penal Code (hereinafter the "I.P.C.") on the accusation that on 05.04.2007 at about 7.00 a.m. in village Putina under Bhograi police station in the district of Balasore, she committed murder of one Puja Pradhan (hereinafter "the deceased") who was a baby girl of twenty five days.

The learned trial Court, vide impugned judgment and order dated 03.07.2010, found the appellant guilty of the offence charged and sentenced her to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to suffer rigorous imprisonment for six months.

Prosecution Case

2. The prosecution case, as per the first information report (hereinafter "F.I.R.") (Ext.5) lodged by Sankar Padhan (P.W.3) scribed by Umakanta Pradhan (P.W.9) before the Officer in-charge of Kamarda police station on 05.04.2007, in short, is that on that day at about 8.00 a.m. in the morning hours, he returned home from the field and came to know from his sister-in-law Swarnalata Pradhan (P.W.5) that she had been to wash utensils to a nearby pond after letting her deceased baby girl to sleep in the cradle on the verandah of her house and after returning, she found that the deceased baby was missing from the cradle. Another sister-in-law of the informant, namely, Arati Pradhan (P.W.6) also searched for the baby and the dead body of the baby was found inside the room of the appellant from a mouse hole having her throat cut. When P.W.6 confronted the appellant, in the presence of Jyotsnarani Giri and Kabita Pradhan, she admitted to have cut the throat of the deceased by means of a sickle.

On the basis of such report, the Officer in-charge (P.W.11) of Kamarda police station registered Kamarda P.S. Case No.30 dated 05.04.2007 under section 302 of the I.P.C. against the appellant. P.W.11 himself took up investigation of the case. During the course of his investigation, he examined the informant and sent message to the Superintendent of Police, Balasore for deputation of Scientific Officer to visit the spot. P.W.11 reached at the spot and during his spot visit, he found the dead body of the deceased lying on the verandah of the house of the appellant with cut injury on the neck. He held inquest over the dead body in presence of the witnesses and prepared the inquest report (Ext.1) and sent the dead body for post mortem examination. During his spot visit, he found blood stain marks on the floor of the house of the appellant so also on the mouse hole and further found a sickle stained with blood was lying on the floor of the house of the appellant. He prepared the spot visit report vide Ext.10 so also the spot map vide Ext.11. The scientific team arrived at the spot on the same day and collected the incriminating materials, prepared a report and the photograph of the scene of crime was taken. The blood stained earth, sample earth collected from the floor of the house so also from the mouse hole, the sickle stained with blood, blood stained clothes, blood stained saree of the appellant were seized by the I.O. (P.W.11) on being produced by the Scientific Officer under Ext.2. The appellant was arrested on 05.04.2007 and forwarded to Court on the same day. The cradle was seized as per seizure list Ext.4 and it was given in the zima of the father of the deceased. The nail clippings and the blood sample of the appellant were