STATE OF NAGALAND Vs. RIKUMKABA @ RIKUM

JUDGEMENT

(1.) By this judgment and order, the criminal appeal and the writ petition are being disposed of together since, the cause of action in both the petitions are the same. The criminal appeal is directed against the judgment and order dated 18.02.2015, of the learned Sessions Judge, Dimapur, passed in G.R. Case No. 339/2013 corresponding to Dimapur (West) Police Station Case No. 61/2013, by which the respondent/(accused) was acquitted of the offences charge against him under section 302/376(1)/380/447 of IPC. The writ petition under Article 226 of the Constitution of India read with under section 482 of Cr. P. C, 1973, was filed by the sister of the victim in the Dimapur (West) Police Station Case No. 61/2013, praying for quashing and setting aside the order dated 22.08.2014, passed in G.R. Case No. 339/2013 corresponding to Dimapur (West) Police Station Case No. 339/2013, by the learned Sessions Judge, Dimapur, acquitting three of the accused persons in the case namely, T. Yapang Ao, Samarenba and Santosh Nath, under section 233 of Cr. P.C, and also praying for quashing and setting aside the final judgment and order dated 18.02.2015, passed by the same learned Sessions Judge acquitting the last accused Rikumkaba @ Rikum, and further praying for a direction directing the State respondents to handover the case to the CBI for conducting further investigation of the case and to give adequate relief(s) to the family members of the deceased victim.

(2.) Facts of the case:

(3.) On receipt of the charge sheet, the learned Sessions Judge, Dimapur, registered G.R. Case No. 339/2013 and tried the case. Though, the prosecution submitted lists of 26 PWs but examine only 25 PWs. The prosecution also exhibited 27 Exhibits. After the examination of the prosecution witnesses was completed all the accused persons were examined on 11.08.2014 under section 313 of CrPC. Date 22.08.23014, was fixed for hearing of the parties under section 232 of CrPC. On that day, the learned Sessions Judge, Dimapur, heard the learned P.P. and defence counsel under section 232 of Cr. PC and acquitted the accused T.Yapang, Samarenba and Santosh Nath for lack of evidence but directed that the accused Rikumkaba @ Rikum to produce DWs. The contents of the order dated 22.08.2014, are reproduced here below;-