State of J&K – Appellant
Versus
Pankaj Singh – Respondent
Sanjay Kumar Gupta, J.
1. Feeling aggrieved of the impugned judgment dated 28.08.2012 passed by the learned Sessions Judge, Udhampur in case FIR No.40/2010 registered with Police Station Udhampur for the offences punishable under Sections 366/376-G/302/201/34 RPC, whereby acquitting the respondents, State has preferred the instant acquittal appeal.
2. The prosecution case, in brief, is that on 03.10.2008 source information was received in Police Station, Udhampur that an unidentified decomposed dead body of a woman was lying in a water channel near T-Morh Udhampur. Since the death was found to have taken place in suspicious circumstances so Report No.22 was entered in Daily Diary dated 03.10.2008 and inquest proceedings in terms of Section 174 Cr.P.C. were initiated by ASI Madan Lal. He proceeded on spot, prepared the sketch map of the place of recovery of dead body. A Farad Surat Hall was prepared and dead body was sent for postmortem to District Hospital Udhampur. On 04.10.2008 dead body was identified to be that of Smt Makhno Devi D/o Devi Chand. A Board of Doctors conducted the postmortem of the deceased. The wearing apparels including blood/semen stained Shalwar of the
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