JUDGMENT :

Subhash Vidyarthi, J.

1. Heard the learned AGA on the application seeking leave to file appeal under Section 378 (3) Cr.P.C.

2. By means of the instant application, the appellant-State has sought leave to file appeal against the judgment and order dated 21.01.2006 passed by the learned Sessions Judge, Baghpat in Session Trial No. 330 of 2004 (State vs. Rmesh and another) acquitting the respondent-accused from the charge of offence punishable under Sections 302/34 IPC.

3. The prosecution case, briefly stated, is that on 26.06.2004 at 01:30 a.m., the informant Leela Singh son of Kale Singh lodged a report (Exhibit A-1) alleging that on 25.06.2004 at 08:30 p.m., Karan Singh came to his house and informed that somebody had stabbed the informant’s brother Jaidayal in Naiyon Wali Gali and he is lying there. The informant and his family members went there and he took his brother in a Maruti Car to Narendra Mohan Hospital, where the doctors examined and reported him to be dead. After putting the dead body in mortuary, he went to lodge the report. On the basis of the aforesaid report, a case was registered against unknown accused persons.

4. On 27.06.2004, the informant gave another r