NARENDRA PUNDIR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A missing report (Ext. Ka-1) was lodged by one Prem Chandra Barthwal to Station Officer, Police Station Lansdowne, District Pauri Garhwal on 08.08.2003 informing the police that his daughter Puja Barthwal, who was a student of Class XII, in Army School, was last seen near the staircase of the State Bank and, was not traceable since then.

(2.) On 15.08.2003, at 08:45 A.M., one Sanjeev, who was a driver of a jeep, informed the police of Police Station, Lansdowne that foul smell was coming from the Battle Craft Jungle. On this information, PW7 S.I. Syed Munawar Husain, Station Officer of Police Station, Lansdowne alongwith other police personnel came to the spot, which was situated at Lansdowne-Kotdwara Road. By that time, people in large number had gathered there. The police went to the slope of Battle Craft Range, where a naked dead body of a girl was lying beneath an oak tree. The girl was almost beheaded. The dead body was in a decomposed state. The father of the deceased, PW2 Prem Chandra Barthwal identified the dead body of his daughter with the aid of school shoes, socks, Army school tie and other wearing apparels. Inquest report (Ext. Ka-2) was prepared. The dead body was sent for autopsy. When the autopsy on the dead body of the victim was conducted on 15.08.2003, Medical Officer, PW4 Dr. M.P. Singh did not find any external ante mortem injury on the dead body of victim. PW4 Dr. M.P. Singh prepared postmortem report (Ext. Ka-4). The cause of death could not be ascertained hence, viscera was preserved. The Forensic Science Laboratory, however, did not find any poisonous substance in the preserved viscera of the victim. The chemical examination report further stated that the bloodstains on iron rod (allegedly used in the commission of crime) were found disintegrated.

(3.) On 19.08.2003, at noon, when PW7 S.I. Syed Munawar Husain alongwith other police personnel were on patrol duty, while reaching near the battle craft, they noticed a person carrying a plastic bag. On seeing the police personnel, said person turned around and started walking with rapid strides. On being interrogated, the suspect disclosed his name as Narendra Pundir s/o Darban Singh. A country made 12 bore gun and five live cartridges of 12 bore were found in his possession. Two grenades and 41 live cartridges alongwith 200 gm. of explosive substance were also found from his possession. The accused could not show any licence to keep the same. A recovery memo (Ext. Ka-5) was prepared by the police in this regard. PW7 affected the arrest of the accused and prepared arrest memo (Ext. Ka-6) thereof. During the course of investigation, accused Narendra Pundir confessed his guilt regarding killing of Puja Barthwal and offered to disclose the place where the murder weapon (iron rod), school bag and skirt of the victim were kept by him. The accused took the police party alongwith the brother of the deceased and other villagers to the place where incriminating articles were kept. A school bag, books, exercise notebooks, geometry box, handkerchief, skirt of the victim and iron rod (which was allegedly used in the commission of crime) were found on the disclosure and pointing of the accused. The accused also showed the place where he made an attempt to commit rape with the victim. During inspection, a gray coloured wallet belonging to the accused Narendra Pundir, covered with leaves, was recovered from the place of incident. On opening the same, a coloured photo of the accused and a certificate of permanent residence of the accused were found inside. After interrogating the witnesses and on completion of the investigation, separate charge sheets in connection with offences punishable under Sections 302 / 201 of IPC and Sections 376 / 511 of IPC, Section 25 of the Arms Act and Section 3 / 5 of Explosive Substance Act were submitted against the accused Narendra Pundir.