(1.) B. A. Zaidi and Ajai Kumar Singh, JJ. Sri M. C. Joshi, Additional Government Advocate present for the State.
(2.) HEARD him on application under section 378 (3) Cr. P. C. by which the State seeks leave to appeal against a judgment of acquittal dated 9. 6. 2003 passed in Ses sions Trial No. 474/1997 by which Addi tional Sessions Judge, Court No. 14, Meerut acquitted accused Sobran, Harpal and Nar endra on the charge under section 302 I. PC. and accused Sobran also on the charge un der section 404 I. P. C.
(3.) AFTER hearing the learned Counsel for the State and a perusal of the record, it appears that the appeal should be admit ted, only in respect of Sobran, while it should be dismissed in regard to accused Harpal and Narendra.