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2017 Supreme(Gau) 1349

SONGKHUPCHUNG SERTO
State of Nagaland – Appellant
Versus
Rikumkaba – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Wosta, Taka Masa, Arenlong, Khrievono
For the Respondents: N. Mozhui, K. Wotsa

JUDGMENT :

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













































































































































































































































































































































































































































































































































































































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