STATE OF RAJASTHAN Vs. MUKESH AND ORS.

JUDGEMENT

(1.) THIS application seeking leave to appeal to challenge the judgment dated 8.1.2010 passed by learned Additional Sessions Judge (Women Atrocity) Cases, Bhilwara in Sessions Case No. 52/2006 is barred by limitation from 56 days.

(2.) AN application as per provisions of Section 5 of the Limitation Act is preferred seeking condonation of delay in filing leave petition. As per the averments contained in application, certified copy of the judgment impugned was received by the Public Prosecutor on 18.1.2010. On 8.2.2010 entire record of the case alongwith opinion of Public Prosecutor was remitted to the Collector, Bhilwara. The Collector, Bhilwara after considering the record made a recommendation to appeal the judgment. After then, that was forwarded to the Department of Law for seeking necessary approval. After receiving the approval, the record of the case was kept in custody of a clerk, who was suffering from Cancer and ultimately, died thereof. Ultimately, a sanction letter was issued on 3.5.2010 and that was received in the office of Government Advocate on 5.6.2010. The leave application then was filed on 10.6.2010.

(3.) BEFORE considering the application we also examined the record of the case. On merits, it is submitted by learned Public Prosecutor that the court below erred while not appreciating the definite statements given by PW -6 Smt. Sunita who in detailed narrated all the circumstances in which deceased was poisoned. It is also submitted that as per Forensic Science Laboratory Report trace of insecticides were found positive in visceras.