Judgment

GOSWAMI, J. - The respondents were tried by the Sessions Judge, Merta (Rajasthan) for offences under Ss.302, 302/149 and some other minor sections of the I.P.C. Respondent Goparam was acquitted of all the charges. The other respondents also were acquitted of the charges under Ss.302 and 302/149, I.P.C. Respondent Sangram was convicted under S.304 Part II, I.P.C. Respondent Dayalram was convicted under S.324, I.P.C. Respondents Budharam and Ramdeen were convicted under S.323, I.P.C.

2. Being aggrieved by the judgment of the Sessions Judge, the State of Rajasthan preferred an appeal against acquittal of the major charges under S.378 of the Code of Criminal Procedure, 1973.

3. The Sessions Judge delivered the judgment on March 30, 1974 and the Code of Criminal Procedure, 1973, came into force from April 1, 1974. The appeal was, therefore, preferred under the new Code.

4. It appears that the State of Rajasthan preferred a petition for leave to appeal under S.378 (3) of the Code of Criminal Procedure, 1973, on June 27, 1974 which was within the period of limitation prescribed under Art. 114 (b) of the Lim. Act, 1963. Art. 114 (a) of the Lim. Act, 1963, provides for a period of limi