VINOD Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 31.10.2001, passed by II Additional Sessions Judge, Fast Track Court, Harda, in Sessions Trial No.23/1998, convicting him under Section 302, 376 and 201 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.5000/-, imprisonment for life with fine of Rs.1000/- and rigorous imprisonment for five years with fine of Rs.1000/-, on each count, respectively. All the sentences are directed to run concurrently.

(2.) IN short the facts of the case are that appellant had illicit relations with Mamtabai, who was a widow lady. Mamtabai had three children from her former husband. As a result of illicit relations with the appellant, she conceived again. Appellant used to extend help to Mamtabai in getting treatment of her children. He used to take them to Harda, INdore etc. On 9.9.1997, appellant was seen carrying a two and half years old child on his shoulder near Primary School of Kulharda. After some time, dead body of an unknown female child was found lying in the urinal of school. A report (Ex.P/23) in this regard was given to police, whereupon a Murg No.31/1997 was registered and enquiry ensued. Dead body of child was sent for postmortem examination.

(3.) AFTER investigation, charge sheet was filed and the case was committed for trial.