- (1.) Heard learned AGA on behalf of State and perused the record.
(2.) By means of the present application under Section 378(3) Cr.P.C., State has sought leave to challenge the judgment and order dated 22.11.2005 passed by Additional Sessions Judge, Court No. 3, Lakhimpur Kheri in Sessions Trial No. 1327 of 2003 (State Vs. Riya Julla @ Munna and another) arising out of Case Crime No. 272 of 2003, under Sections 302/34, 201 IPC, P.S. Hyderabad, District Kheri, by which the respondents-accused have been acquitted.
(3.) Facts of this case, in brief, are that one Sushil Kumar Maheshwari, resident of Nagra, Salempur P.S. Hyderabad, submitted a written Tahrir dated 01.08.2003 (Ext. Ka-1) before the police station concerned, stating therein that a dead body of unknown person aged about 30 to 35 years is lying in the field of Moharram Ali situated in village Phoolpur, Majra Nagra, Salempur, which is in a decomposed position and foul smell is coming out from it.;