The respondent accused was prosecuted and tried for companymission of an offence of murder of one Liley Khan aged around 11 years under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as IPC pursuant to lodging of FIR No 44/2002 in Police Station Ramgarh, District Jaisalmer in Sessions Trial Case No.
The prosecution adduced evidence in support of their case.
227 of 2005 whereby the Division Bench of the High Court dismissed the application filed by the appellant herein seeking leave to file appeal under Section 378 3 of the Criminal Procedure Code, 1973 hereinafter referred to as the Code against the judgment dated 13.08.2004 passed by the Sessions Judge, Jaisalmer in Sessions Trial Case No.
It is against this order, the State has filed this appeal by way of special leave petition.
By impugned order, the High Court declined to grant leave and accordingly rejected the application made by the State.
Notice of lodgment of petition of appeal was served on the respondent but despite service of numberice, the respondent has number appeared.
By judgment dated 13.8.2004, the Session Judge on appreciating the evidence adduced by the prosecution acquitted the respondent of the charge of murder by giving him benefit of doubt.
48 of 2002 in the Court of District and Sessions Judge, Jaisalmer.
The State of Rajasthan, felt aggrieved of respondents acquittal, filed application for leave to appeal before the High Court under Section 378 3 of the Code.
Abhay Manohar Sapre, J. This appeal is filed by the State of Rajasthan against the final judgment and order dated 28.10.2005 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Leave to Appeal No.
48 of 2002.
