GA/31/2022
2022 Latest Caselaw 2557 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

                 SHRI JUSTICE S.K. MISHRA, J.

AND SHRI JUSTICE ALOK KUMAR VERMA, J.

18th AUGUST, 2022

SPECIAL LEAVE TO APPEAL NO. 85 OF 2022 With GOVERNMENT APPEAL NO. 31 of 2022

Between:

State of Uttarakhand ...Appellant

and

Laxman Singh and Others ...Respondents

Counsel for the State/Appellant : Mr. J.S. Virk, learned Deputy Advocate General.

Upon hearing the learned Counsel, the Court made the following

ORDER: (per Shri S.K. Mishra, J.)

The is an application for Special Leave filed by

the State to prefer an appeal against the judgment of

acquittal dated 06.10.2021 passed by the learned District

and Sessions Judge, Chamoli, Gopeshwar in Sessions Trial

No. 01 of 2017. The respondents were charged under

Sections 302 read with Section 34, 120B and 201 read

with Section 34 of the Indian Penal Code, 1860.

2. Having heard the learned Deputy Advocate

General, this Court is of the opinion that the prosecution

has failed to establish proper proof of all the circumstances

forming a complete chain of events unerringly pointing

towards the guilt of the respondents.

3. We are also of the view that the circumstances

that are proved in this case, are also not of a conclusive

incriminating nature, even to issue notice in this case on

the question of leave to appeal.

4. In that view of matter, we are of the opinion

that the application for leave to appeal deserves no merit,

and is therefore dismissed for the aforesaid reasons. Since

the application for Special Leave to Appeal has been

dismissed, therefore, the Government Appeal is not

maintainable and is accordingly disposed of.

________________ S.K. MISHRA, J.

___________________ ALOK KUMAR VERMA, J.

Dt: 18th August, 2022 Neha/SB