JUDGMENT :

Vikas Budhwar, J.

1. This is an appeal under Section 378(3) Cr.P.C., 1973 (hereinafter referred as Cr.P.C., 1973) at the behest of State of U.P. instituted against the judgment and order of acquittal dated 9.2.2022 passed by Additional District and Sessions Judge, Court No. 3, Aligarh in Sessions Trial No. 943 of 2010 (State of U.P. vs. Rajendra and others) arising out of Case Crime No. 32 of 2009, under Section 302 and 201 IPC, Police Station Lodha, District Aligarh.

2. The factual matrix of the case as worded in the present appeal are that one Munna Lal s/o Munshi Lal resident of village Kadauli, Police Station Lodha, District Aligarh is a watchman of village Kadauli. According to the prosecution case the resident villagers had gone in the north side of the pitch road towards the land of the Land Management Committee for showering water whereat babool trees were planted and in the bushes so enclosing the babool tree they saw a dead body of unknown woman. On being apprised of the said event Munna Lal s/o Munshi Lal proceeded to the site of occurrence whereat he witness