(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 29/03/2012 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 40/2010 acquitting the respondent-original accused for the offence punishable under Sections 302, 323 and 114 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.
2. Having heard Ms. C.M. Shah, learned APP appearing on behalf of the applicant-State and against the impugned judgment and order, two Criminal Appeals, being Criminal Appeal Nos. 676/2012 and 693/2012, are admitted and pending for final disposal, 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