- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench, dismissing the application filed for grant of leave to prefer an appeal in terms of Section 378 (1) of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.').
(3.) Background facts in a nutshell are as follows: Respondent faced trial for alleged commission of offences punishable under Sections 498 (A) and 304 (B) of the Indian Penal Code, 1860 (in short the 'IPC'). It was the case of the prosecution that because of the torture meted out for bringing less dowry, she was murdered. Her dead body was found in the well of the accused persons. It was the case of the complainant that after killing her for dowry, she was thrown into the well. Charges were framed and the accused persons faced trial. The trial court directed acquittal. Thereafter, as noted above, the appellant-State filed an application for grant of leave, which was rejected. Stand of the appellant was that the summary dismissal is not sustainable in law. There is no appearance on behalf of the respondent-accused.;