JUDGMENT

Oza, J.-This appeal has been filed in this Court against the dismissal in limine of a petition filed by the State of Bihar in the High Court of Judicature at Patna wherein learned Judges of the High Court rejected a petition for leave to appeal against acquittal filed by the State Government under section 378(1)(3) of the Code of Criminal Procedure in limine by only saying "Prayer for leave to appeal is refused. Appeal is dismissed."

2. Before the trial Court 25 accused persons was tried on the allegation that they commit1ed dacoity and in the commission of the said dacoity murder of one Ajab Lal Singh was committed. Consequently all of them were charged for offence under section 396 of the Indian Penal Code. It is alleged that in the night intervening between 5th and 6th day of June, 1980 at Village Nandlal Patti situated within P.S. Amarpur in the District of Bhagalpur, occurrence took place in the house of one Jawahar Lal Singh P.W. 2 who lodged the First Information Report, his house is situated in Nandlal Patti and in the course of dacoity his brother Ajab Lal Singh was killed. The incident is said to have taken place at 12 Oclock than at midnight, and the information w