- (1.) Heard learned A.G.A. for the State and perused the record of the trial Court.
(2.) Through instant application moved under Section 378 (3) of the Cr.P.C., the State has prayed to grant leave to appeal against the judgment and order dated 11.09.2019 passed by learned Sessions Judge, Sultanpur in Sessions Trial No. 91 of 2013, "State Vs. Jai Prakash Kori @ Gudani", arising out of Case Crime No. 379 of 2012, under Section 323 and 304 I.P.C., Police Station Kurebhar, District Sultanpur, whereby the respondent/accused-Jai Prakash Kori @ Gudani has been acquitted of the charges framed against him under Section 323 and 304 of I.P.C.
(3.) Brief facts necessary for the disposal of this application are that a written application was submitted by informant Premlal on 27.07.2012 at 22:30 hours at Police Station Kurebhar, District Sultanpur stating therein that respondent/accused Jai Prakash Kori used to drink liquor at Irul crossing and took glass for this purpose from the adjoining shopkeepers. About 15 days prior to the incident he had asked for the ''glass' from deceased Ranu Singh, who was running a shop of ''betel', who refused to give him the glass for the purpose, on which verbal altercation took place between them, however, the matter was settled.;