STATE OF RAJASTHAN Vs. FIROZ KHAN @ ARIF KHAN
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
STATE OF RAJASTHAN
Firoz Khan @ Arif Khan
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(1.) 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. 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. 48 of 2002.
(2.) Keeping in view the short point involved in the appeal, it is
not necessary to state the facts in detail except few to appreciate
the grievance of the appellant.
(3.) The respondent (accused) was prosecuted and tried for commission
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. 48 of 2002 in
the Court of District and Sessions Judge, Jaisalmer. The prosecution
adduced evidence in support of their case.;
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