JUDGMENT

Dr. A.S. Anand. J.- For the murder of one Lakshmana @ Lakshmaiah, all the respondents were challenged for having formed themselves into an unlawful assembly with the common object of murdering him and thereafter with a view to screen themselves from the legal consequences, to have removed his dead-body from the place of occurrence to a wet paddy field. On committal, the respondents were tried for offences under Sections 148, 448. 302/149 and 201 of the Indian Penal Code by the learned Sessions Judge, My sore, who after an appraisal of the evidence and consideration of the submissions made, vide judgment, dated 4th of December 1979, gave benefit of the doubt to all the respondents and acquitted them of all the charges. The State of Karnataka thereupon filed an application before the High Court seeking leave to prefer an appeal against the judgment of acquittal. A Division Bench of the High Court however, did not find any error to have been committed by the Sessions Judge in arriving at the conclusions and consequently refused to grant leave as prayed for, vide order dated 2-7-1980. Aggrieved, the State, has come up by way of this appeal by special leave Since, the High Court