PAWAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Leave granted in S.L.P. (Crl.) No. 5209/2006.

(2.) Amar Singh (PW-4) is a migrant labourer from Nepal. He and his minor daughter Sushma aged six years were residing in the locality known as Raj Mahal Hotel Compound Mallital, Nainital. On September 25, 2003 at about 8.00 A.M. Sushma left her home to ease herself. When she did not return for quite some time, she was looked for in the market, around the lake and near about by her father but of no avail. Despite frantic efforts when her whereabouts could not be known, PW-4 reported her disappearance (Ext.Ka-10) at around 4.00 P.M. at Police Station, Mallital. The night became horrendously eventful for PW-4; he and three migrant labourers from Nepal, namely, Veer Bahadur (PW-2), Puran (PW-3) and Mangal (PW-5) were waiting for Sushma to return. At about 1.30 A.M., four persons came from the side of the road up to vacant plot of one Sardarji in that locality and were seen throwing the dead body of a girl from the gunny bag in that plot. The gunny bag was also thrown over there. PW-2, PW-3, PW-4 and PW-5 raised alarm and caught hold of them; they were Babu (A-1), Aamir (A-2), Pawan (A-3) and Arjun (A- 4) and the dead body was of Sushma (victim). A-1, A-2, A-3 and A-4 were taken to the Police Station, Mallital.

(3.) PW-4 lodged the written report at about 2.00 A.M. (September 26, 2003) and a case under Sections 302/201/34 IPC was registered against A1, A-2, A-3 and A-4. Their formal arrest was made. In the morning of September 26, 2003 at about 6.30 A.M. seizure memo of the dead body was prepared by the investigating officer Bachhan Singh Rana (PW- 11). Dr. K.S. Dhami (PW-1) conducted post-mortem of dead body of Sushma at about 1.00 P.M. The accused persons were also sent for medical examination. On the basis of the disclosure statement A-1 and A-2, two feet long electric wire of yellow colour from the house of Ramesh Monga situate near Sanwal School where the accused were then residing was recovered vide Memo (Ext. Ka-6-A)