(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. RULE.
The present application under Section 378(1)(3) of the Code of Criminal Procedure has been preferred by the applicant-State of Gujarat for leave to appeal against the impugned judgment and order of acquittal dated 22/06/2012 passed by the learned 4nd Additional Sessions Judge, Anand in Sessions Case No. 38/2007 acquitting the respondents-original accused for the offence punishable under Sections 302, 323 and 114 of the Indian Penal Code.
2. Having heard Shri L.B. Dabhi, learned APP appearing on behalf of the applicant-State and considering the impugned judgment and order of acquittal passed by the learned trial Court, we are of the opinion that leave to appeal deserves to be granted. Hence, leave to appeal as prayed for is granted.
3. With this, the present application is allowed. Rule is made absolute accordingly.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2