Songkhupchung Serto, J.

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. Facts of the case:

On 04.07.2013 at about 7:00 to 7:30 A.M. a verbal information was received at Dimapur (West) Police Station from one Havildar Arenba, Nagaland Police, that a dead body was found at the residence of Mr. T. Yapang Ao at Residency PWD Colony, Dimapur. Following the verbal information, the Police visited the residence of Mr. T. Yapang Ao, where they found a dead body of a female lying naked with her throat slit and the handle of a mop inserted in her private part. On further checking they found a bite mark on the left breast of the deceased. They also found at the place of occurrence a blood stained machete, a blood stained potato peeler, a brick stained with blood and hairs stuck on it, two kitchen knives, a mop, a blood soaked pillow and two bed sheets. The same were seized by observing the formalities of seizure. Inquest was conducted over the dead body and on completion of all formalities the dead body was sent to Civil Hospital, Dimapur for post-mortem examination. On the same day, Mr. T. Yapang Ao in whose residence the dead body was found was summoned to the Police Station and he was asked to file a written FIR. Accordingly, a written FIR was prepared by Mr. T. Yapang Ao with the help of the Police personnel and submitted the same to the Police Station. In the written FIR, it was stated that his sister-in-law late Nungshilila was found murdered at his residential compound at Residency PWD Colony, Dimapur, by unknown miscreants and she was found naked and suspected to have been raped. He also stated that his room was also found ransacked by the miscreant. The Police thereafter, registered Dimapur (West) Police Station Case No. 61/2013, under section 376(1)/302/380 of IPC and conducted the investigation. During the investigation, the complainant and other witnesses were examined by the Police. During such examination, the complainant also mentioned that a sum of Rs. 2,50,000/- was found missing from his almirah. The Police suspected the complainant, Samarenbaand Santosh Nath because they were together in the place of occurrence the previous night, therefore, they were arrested and interrogated. In the meanwhile, on 05.07.2015 in a hotel at Kohima namely, Capital Hotel, the personnel of North Police Station, Kohima on a routine check found Rikumkaba @ Rikum (the prime accused) in possession of a sum of Rs. 1,25,325/-, the source of which he could not explained properly when asked. At first, he stated that the money was meant for his uncle but