VINOD Vs. STATE OF M.P.

JUDGEMENT

(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:

(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.