STATE Vs. GURBAJ SINGH

JUDGEMENT

(1.) This petition has been filed under Section 378 of the CrPC by the State praying for setting aside of the judgment dated 9th January, 2013 passed by the learned Additional Sessions Judge acquitting the respondent for charges framed against him for commission of offences under Section 302 and 201 of the IPC, arising out of FIR No. 4/09 registered by the PS Pul Prahladpur.

(2.) The evidence on record would show that on 31st August, 2009, Sh. K.L. Meena (PW-3), the Deputy Station Manager of the Railway Station, Mathura Junction, U.P. was informed by the Section Controller, Agra at around 11.20 p.m. about an abandoned bag lying in the AC coach in train no. 2908, Maharashtra Sampark Kranti Express. This bag was discovered when the train stopped at Platform No. 2, Mathura Junction by the officers of the Railway Protection Force and the Government Railway Police Force. On checking, a black and blue coloured bag containing the dead body of a girl aged about 12 years, was found under seat no.1 of coach 1 of the AC-II of the train.

(3.) On 1st September, 2009 Constable Kishore Kumar (PW-10), who was working as Duty Oficer at GRP Police Station Mathura had verified the recovery of the dead body and FIR No.49/09 (Exh.PW-10/A) under Section 302 and 201 of the IPC was registered by the Police Station GRP Mathura Junction. Subsequently, on the basis of the file sent by the Government Railway Police of Mathura, the case was registered as FIR No.4/09 (Exh.PW-17/A) on 23rd March, 2009 at PS Pul Prahladpur.