STATE OF MADHYA PRADESH Vs. DEVENDRA

JUDGEMENT

(1.) As both these applications have been filed by the applicant husband of the deceased/State under Section 378 (3) of the Code of Criminal Procedure, 1973 seeking leave to appeal challenging the impugned judgment of acquittal dated 19.11.2015 passed by 3 rd Additional Sessions Judge, Damoh in S.T. No.213/2013, whereby the respondents have been acquitted from the charge of offence punishable under Sections 376D, 376A or in the alternate Sections 302 , 201 and 404 of the Indian Penal Code, we propose to deal with the matter analogously and dispose of both the appeals by this common order.

(2.) Heard learned counsel for the parties. Perused the record.

(3.) The prosecution case in brief is that in intervening night of 06.08.2013 and 07.08.2013 under the Police Station-Damoh Dehat at house no.C-75 near Vijay Nagar, respondents have committed rape with the prosecutrix and killed her by strangulation and also stole her gold ornaments, which she was wearing at that time. The respondents have further tried to wipe out the evidence by hiding her body. Her dead body was later found at Vijay Nagar. On intimation of Chandan Rajak (husband of the deceased) Police Station Damoh Dehat registered Marg No.013 under Section 174 of the Cr.P.C.