- (1.) This appeal has been preferred by the Appellant Vinod against the judgment dated 07.08.2006 passed by the High Court of Madhya Pradesh, Indore Bench in Criminal Appeal No. 772 of 2003. By the impugned judgment, the Division Bench of the High Court while setting aside the order of conviction and sentence in so far it relates to deceased Harivallabh, affirmed the conviction and sentence for murder of deceased Meenu, a two year old child. Confirming the conviction and sentence imposed upon the Appellant, the High Court held: "[i] Conviction Under Section 450 Penal Code and sentence thereunder for 10 years RI. [ii] Conviction Under Section 302/34 Penal Code relating to the murder of Meenu and sentence thereunder of Life Imprisonment and fine of Rs. 1,000-00 with direction and default of fine payment would entail 10 months separate RI. [iii] Conviction Under Section 201/34 Penal Code and sentence thereunder of RI for 7 years. And all substantive sentences running concurrently." The case of the prosecution is that P.W. 1, the complainant Ms. Suman was working as sales girl in Indira Export situated at Yeswant Niwas Road, near Rani Sati Gate, Indore. She and her husband Harivallabh had two children, a son aged four years named Shonu and daughter aged two years, named Meenu. Her husband Harivallabh was not having any regular employment and was involved with petty works. Therefore, when Shonu, who was studying in Merit school went to school and complainant Smt. Suman went to her work, Harivallabh used to stay back at home at Bhamori, Indore, and look after their two year old daughter Meenu. Based on an understanding between Smt. Suman with her neighbour, Shonu after he returned from School was being taken care of at the neighbour's residence till complainant Smt. Suman returned from work.
(2.) On the fateful day, that is 09.11.2001, around 9 a.m., as usual the complainant, Smt. Suman went to her work and Shonu went to the school, leaving behind Harivallabh and daughter Meenu at home. When she came back to her home at around 7.30 p.m., taking Shonu from the neighbour's home, she found that one of the doors of her first room was closed from inside and another gate was closed from outside with a chain. She entered through the same gate into the room. As she reached there, she found her husband Harivallabh lying in a pool of blood on the floor. The complainant, therefore, called for help, hearing which, Neighbour - Mantu along with his mother reached there. They all found that Harivallabh was dead and Meenu was also missing. Search for Meenu was made but in vain. The complainant Smt. Suman through the help of a passerby informed to the police about the incident. On the said information sub-inspector Vinod Dixit reached the house of the complainant and took a Dehati Nalish Ex. P/1.
(3.) The Station House Officer MIG Police Station, Indore - B.P.S. Parihar (PW-17) was informed telephonically about the incident. He, therefore, reached there and on the basis of Dehati Nalish (complaint/information), at the instance of the complainant, prepared spot map [Ex. P/29) at 8.40 p.m. First Information Report [Ex. P/14] was prepared and the Crime No. 954/2001 was registered at 8.50 p.m.;