VINOD LAXMIPRASAD RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Vinod and Sandeep were tried together for offences punishable under Sections 450, 394/397, 302 and in the alternative 302/34 and 201/34 of the Indian Penal Code, in the Court of learned Fourth Additional Sessions Judge, Indore in Sessions Trial No. /2002 and therein vide judgment dated 8-7-2003 Sandeep has been acquitted while Vinod has been convicted and sentenced as under :-

(2.) Accused appellant Vinod being aggrieved has filed this appeal against the above judgment, findings and sentences. According to the prosecution, at the relevant time PW-1 Complainant Smt. Suman was working as a Sales Girl in Indira Export situated at Yeshwant Niwas Road, near Rani Sati Gate, Indore. She and her husband Harivallabh were blessed with a son aged 4 years named Shanu and daughter aged 2 years named Meenu. Her husband Harivallabh was not having any regular employment and was only looking after petty works, therefore, when Shanu, who was studying in Merit School, remained away to School and complainant Smt. Suman away to her work, he used to stay back at home at Bhamori, Indore and looked after the 2 year old daughter Meenu. It was also an understanding created by Smt. Suman with her neighbour that after the return of Shanu from his School, he was being taken care of at the neighbour's residence till the arrival of Smt. Suman. On the fateful day i.e. 9-11-2001 around 9.00 a.m. as usual Smt. Suman went to her work, Shanu had already gone to School, therefore, she left her husband Harivallabh and daughter Meenu at home. When she came back to her home around 7.30 p.m. and taking Shanu from the neighbour's home reached there, opened the lock of the Boundary Gate and entered in her house. She found that one of the doors of her first room was closed from inside and another gate was closed from out side with chain being applied. 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. Neighbour Mantu along with his mother reached there hearing her. They all found that Meenu was also missing and Harivallabh @ Ballu was dead. Search for Meenu was made but in vain. The complainant Smt. Suman through the help of a passer boy 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/l there.

(3.) Station House Officer M.I.G. Police Station, Indore - B. P. S. Parihar [P.W.-17] was informed telephonically about the incident. He, therefore, reached there and on the basis of Dehati Nalish, at the instance of the complainant, prepared spot map [Ex. P/29] at 8.40 p.m. Then on the basis of Dehati Nalish, at Out Post Vijay Nagar, report Ex. P/22 was also written. On the basis of Ex. P/22, later at Police Station M.I.G. formal First Information Report [Ex. P/l4] was prepared and the Crime No. 954/2001 was registered at 8.50 p.m.