IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal No. 7 of 2009 and Leave to Government Appeal No. 14 of 2009 State of Uttarakhand … Applicant/ Appellant Vs Kilshad & another … Respondents Hon’ble B.C. Kandpal, ACJ Hon’ble B.S. Verma, J. This appeal under Section 378 (3) of Criminal Procedure Code has been filed by the appellant/State of Uttarakhand against the judgment and order dated 07.11.2005 passed by Additional District & Sessions Judge, Haridwar in Session Trial No. 76 of 2006, under Sections 302, 364 read with 34 and 201 of I.P.C. thereby acquitting the accused/respondents for the charges levelled against them. 2. Heard Sri H.C. Pujari, learned A.G.A. for the State/appellant on leave to appeal and perused the impugned judgment and order passed by the court below. 3. After having considered the entire material available on record and hearing learned counsel for the parties, we are of the view that the case rests on circumstantial evidence. However, the evidence adduced by the prosecution before the trial court could not connect the respondents with the commission of crime of murder of the deceased. The trial court assessed the entire evidence available on record and thereafter came to the conclusion that the prosecution could not establish the guilt of the accused beyond the reasonable doubt. The trial court has also not committed any illegality in assessing the evidence adduced by the prosecution. It is neither the case of misleading of the evidence nor the case 2 where the evidence has been ignored by the trial Judge. We are thus of the opinion that the impugned judgment and order does not require any interference. 4. Accordingly, the leave to government appeal is rejected. Consequently, the appeal against acquittal of the respondents, namely, Dilshad and Amir Alam, is dismissed. (B.S. Verma, J.) (B.C. Kandpal, ACJ) 17.09.2009 ASWAL