JUDGMENT 1. - This application is preferred to have leave to appeal the judgment dated 12.7.2013 passed by learned Additional Sessions Judge, Bali in Sessions Case No.49/2010. The learned trial court by the judgment impugned acquitted accused respondent Shri Sohan Lal from a charge relating to commission of an offence punishable under Section 302 I.P.C. 2. While pressing the instant application, the argument advanced by learned Public Prosecutor is that the trial court failed to appreciate that a letter written by deceased Smt. Geeta was recovered from the pocket of accused, which clearly indicates existence of illicit relations between the deceased and the accused. It is further submitted that at the instance of accused a shirt was recovered, a part of which was seized from the place of occurrence of crime. Certain other articles including buttons of shirt of the accused were recovered from the place of occurrence of crime but that aspect of the matter too has not been appreciated by the trial court. 3. Having considered the arguments advanced, we do not find any merit with the same. 4. So far as the letter said to be written by Smt. Geeta (deceased) is concerned, suffice it to mention that its writing has not been established. PW-5 Shri Ramesh(real brother of the deceased) in quite unambiguous terms stated before the Court that the writing of the letter is not of his sister. The Investigating Agency also did not made any effort to get the writing established through any scientific mode. The other recoveries are also absolutely non-consequential, being not established. A piece of cloth (part of pocket) of the shirt was seized from the spot of occurrence of crime and the prosecution connected it with the shirt recovered from court-yard of the house of accused. 5. It is the position admitted that the shirt was recovered from an open place and that too after a lapse of five days from the time of occurrence of time. In the meanwhile the accused visited city of Rajkot in the State of Gujarat wherefrom he was arrested. We are of the considered opinion that the trial court rightly arrived at the conclusion that the recovery from such an open place cannot be held so definite as to record conviction. In the meanwhile the accused visited city of Rajkot in the State of Gujarat wherefrom he was arrested. We are of the considered opinion that the trial court rightly arrived at the conclusion that the recovery from such an open place cannot be held so definite as to record conviction. Having considered this factual background, we do not find any wrong with the judgment impugned that may warrant grant of leave, as prayed for.The application is dismissed.Leave to Appeal Dismissed. *******