(1.) This is an appeal under Sec. 378(3) Cr.P.C., 1973 (hereinafter referred as Cr.P.C., 1973) at the behest of State of U.P. instituted against the judgment and order of acquittal dtd. 9/2/2022 passed by Additional District and Sessions Judge, Court No. 3, Aligarh in Sessions Trial No. 943 of 2010 (State of U.P. vs. Rajendra and others) arising out of Case Crime No. 32 of 2009, under Sec. 302 and 201 IPC, Police Station Lodha, District Aligarh.
(2.) The factual matrix of the case as worded in the present appeal are that one Munna Lal s/o Munshi Lal resident of village Kadauli, Police Station Lodha, District Aligarh is a watchman of village Kadauli. According to the prosecution case the resident villagers had gone in the north side of the pitch road towards the land of the Land Management Committee for showering water whereat babool trees were planted and in the bushes so enclosing the babool tree they saw a dead body of unknown woman. On being apprised of the said event Munna Lal s/o Munshi Lal proceeded to the site of occurrence whereat he witnessed that an unknown woman was lying over there and a piece of cloth was tied on the neck in a form of a ring, which according to him was for strangulating her and there was a piece of cloth so scattered on the body, which was in burnt condition so as to consign her in flames. According to the prosecution he approached the concerned police station on 16/2/2009 for lodging of first information report. Record further reveals that that one Sri Dev Dutt Sharma s/o Net Ram Sharma resident of Sarsaul Masjid lane, Police Station Banna Devi, District Aligarh had approached the police station Lodha before the Station House Officer in District Aligarh with a statement that he had come to know while reading in a newspaper that a woman corpus was found. According to Dev Dutt Sharma s/o Net Ram Sharma he had gone to the mortuary, wherein he identified the lady as her mother-in-law and accordingly his wife being the daughter of the deceased being Smt. Tarawati on 16/2/2009 reported the matter before the Senior Superintendent of Police, Aligarh. As per the record the first information report was lodged against unknown persons, however, during course of the investigation the accused, who are four in number, were shown to have commissioned the crime and accordingly charge-sheet was submitted in Case Crime No. 32 of 2009 purported to be under Sec. 302 and 201 IPC.
(3.) In order to bring home the charges as many as following ten prosecution witnesses were examined:-
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