PRAHALAD SINGH PANGTI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) APPELLANT Prahalad Singh Pangti was a student residing in a hostel at Sringar town whereas Ms. Anjali (deceased, aged about more than 181/2years) was a student of 11th Standard in that very town. At the relevant time, she was residing in a room along with her brother PW1 Sanjay Chandola. Somehow, the deceased and appellant entered into the courtship, inasmuch as, the physical relations were allegedly established between them. On 15.1.1999, they both were found closed in the room of victim. When the room was got opened, their presence together was noted and thereafter rebuked by PW1 (real brother of deceased), PW7 Mukesh Chand Naithani (brother -in -law of deceased) and PW2 Kamlesh Naithani (brother of PW7) besides some other persons. Appellant was scolded at the spot and was made to leave the place that time. He, then, returned to his hostel. The facts later on came to knowledge of above -mentioned witnesses that Ms. Anjali was nurturing an affair along with the appellant and the latter, in turn, offered some jewellery including locket etc., as a gift to her. He (appellant) was approached by the witnesses to make him ready for the marriage with the victim but he declined. His declination also came in the knowledge of Ms. Anjali who left her abode in the morning of 17.1.1999 at 6:30 A.M. and since then, her whereabouts could not be known, notwithstanding the best efforts made by her brother and other relatives.

(2.) ON 18.1.1999 at 4:20 PM, a missing report was lodged by PW1 at police station Srinagar. On 9.2.1999, stucked dead body of the victim was seen at some distance in the fast -flowing river Alaknanda, and the same could be pulled out on 10.2.1999. Inquest report was prepared and the post -mortem on the dead body was conducted thereafter. Since her cause of death could not be ascertained, so her viscera was preserved, but the prosecution did not take any trouble to get that report of Viscera after any chemical examination.

(3.) ON 11.2.1999, the case was registered in the police station against an unknown person for the offence of section 306 IPC but the investigation culminated into submission of chargesheet against the appellant for the said offence, and accordingly, learned Sessions Judge levelled the Charge against the appellant and put him to trial.