SUBHASH PAIK @ KUTTI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An information (Ex.Ka-1) was given to the Police Station Rudrapur on 19.02.2008 by PW1 Mahendra Singh to the effect that the dead body of a baby girl, aged about 21/2 years, was lying in the area and the marks of injury, as also the blood was visible on the same. So, the apprehension was expressed that somebody threw the dead body after committing her murder. The police, on 19.2.2008 itself, prepared the inquest report (Ex.Ka-2) and shifted the dead body to the mortuary. In the inquest, it was apprehended that she had been raped and the death was caused on account of the injuries on her body.

(2.) The main witnesses, whereupon the prosecution story rests, are PW3 Gendan Lal, PW4 Master Servesh (son of PW3), PW5 Ms. Kanchan (daughter of PW3) and PW6 Rama Devi (wife of PW3). So, we have meticulously gone through the evidence of the afore-mentioned witnesses. PW3 Gendan Lal has stated that on 18.2.2008, he had gone in the forest to collect the woods. When he returned in the evening, he found his wife and daughter weeping. On being asked the reason, it was disclosed that a man, having dark skin, took Km. Kumkum, aged about three years, from the lap of her sister Km. Kanchan. It was also stated that Master Sarvesh and Km. Kanchan were present in the house on the relevant day i.e. on 18.2.2008 and their mother Rama Devi had left the house at about 3 PM in order to collect the unused material lying stray in the nearby vicinity. At that moment, accused/ appellant came in the house and insisted Master Sarvesh to go and assist his mother in her business of collecting/lifting the waste material. So, Master Sarvesh also left the house.

(3.) We have heard learned amicus curiae for the appellant, as also the learned State counsel and after going through the evidence available on record, it transpires that the eyewitnesses of taking away the baby girl, from the house, are only Master Sarvesh, aged about 11 years and Km. Kanchan, aged about 9 years.