KEDUKHOYI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Sentiyanger, learned Legal Aid counsel for the appellant. Also heard Mr. K. Angami, learned PP for the State of Nagaland.

(2.) This is a jail appeal preferred under Sec. 374 of the Criminal Procedure Code assailing the impugned judgment and order dtd. 1/10/2004 passed by the learned Additional Deputy Commissioner (Judicial), Phek, Nagaland in GR No. 27/2003 arising out of Phek PS Case No. 0012/2003 under Sec. 302 and 376 IPC. By the said impugned judgment and order, the accused Shri. Kedukhoyi, has been convicted and sentenced to undergo imprisonment for life for offence under Sec. 302 and 376 of IPC.

(3.) The brief facts of the case leading to the preferring of this Jail appeal is that on 18/5/2003, a written request for registration of the case was received by the Officer-in-Charge, PS, Phek from one Nuvotso of Kotisu village, inter-alia stating therein that on 17/5/2003, his wife Smti. Vesazolu (Deceased) went to the field and did not return. On search, her dead body was found 1 km away from the village on 18/5/2003 morning at around 6 am. On finding her dead body it was found that she had been raped and murdered because her dead body was found naked and blood was oozing from her private part and thus, requested for taking necessary action. The case was registered being Phek PS case no. 0012/2003 U/S 302 and 376 IPC and investigated into.