(PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA)
1. Present application under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 has been preferred by the State seeking leave to prefer appeal against the judgment and order of acquittal recorded by the learned Special Judge and Additional Sessions Judge in Special Case No.2 of 2010, whereby the accused, who were charged with the offence punishable under Sections 302, 201, 364, 365, 120-B read with Sections 114 and 34 of IPC as well as Section 3(1)(3)(10)(15) and 3(2)(5) of the Schedule Castes & Schedule Tribes (Prevention) of Atrocities Act, have been acquitted of all the charges levelled against them.
2. We have heard Ms. Punani, learned Additional Public Prosecutor and perused the impugned judgment and order of acquittal as well as evidence of the material witnesses. On overall consideration of the matter, we are of the opinion to entertain present appeal and consequently therefore the leave to appeal is granted.
(AKIL KURESHI, J.) (R.P.DHOLARIA,J.) Jani Page 2 of 2