KISHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal has been filed under Section 374 of Cr.P.C. against the judgment and sentence dated 1-1-2010 passed by Sessions Judge, Guna in S.T. No. 281/2009, by which the appellant has been convicted under Section 302 of I.P.C. and has been sentenced to undergo Life Imprisonment and a fine of Rs. 200/- with default imprisonment of one month R.I.

(2.) According to the prosecution story, Dehati Nalishi was lodged by the complainant Smt. Manju Bai on the allegations that, at about 3 P.M., She had gone to a nearby well along with her 7 years old son and 3 years old daughter for fetching water. Her 8 months old daughter Nikita was left by her in the house along with her husband as he was playing with her. After about 30 minutes, when She came back, She found that her husband Kishanlal was not in the house and her 8 months old daughter was also not there. She thought that her husband might have taken her daughter along with him. Thereafter, She found that her daughter Nikita was lying on the floor and was covered with Shawl. When She picked her, then her headless body came in her hand, whereas her head was lying on the floor. There was a pool of blood on the floor. She started screaming, then her neighbours also came there. Her husband Kishanlal was not there. Thereafter, Phool Singh went in search of her husband, and found that the appellant Kishanlal was coming from the riverside. He has also seen the dead body of his daughter. It appears that some unknown person has killed her daughter Nikita.

(3.) The police after registering F.I.R., started investigating the matter. The appellant was arrested. Blood stained Sickle and blood stained cloths of the appellant were seized from his possession. The spot map was prepared, the post-mortem of the dead body was conducted. The statements of the witnesses were recorded. Human blood was found on sickle and cloths. The police after concluding the investigation, filed the charge sheet against the appellant for offence under Section 302 of I.P.C.