(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. 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 05/11/2012 passed by the learned Sessions Judge, Bharuch in Sessions Case No. 36/2012 acquitting the respondent-original accused for the offence punishable under Sections 302 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 appeal deserves consideration. Hence, leave to appeal as prayed for is granted.
3. With this, the present application is disposed of.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2