IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL SPLA (LEAVE TO GOVT. APPEAL) No.110 of 2008 IN GOVERNMENT APPEAL NO.342 OF 2008 (Delay Condonation Application No.1070/2008) State of Uttarakhand ……… Appellant Versus 1. Jaibeer Singh S/o Chatar Singh, 2. Chatar Singh S/o Dhoom Singh, 3. Balbeer Singh S/o Chatar Singh, All R/o Vilage-Saropt Patti-Nagun, Tehsil-Tehri, District-Tehri Garhwal. ……… Respondents. …………………….. Sri Harish Pujari, learned A.G.A. for the State/appellant. Date: June 15, 2009. Hon’ble Prafulla C.Pant,J. Hon’ble B.S.Verma,J. {Per : Hon’ble Prafulla C. Pant, J.} This is delay condonation application No.1070 of 2008 for condonation of delay in filing the appeal against the order dated 01.09.2008 passed by learned Sessions Judge, Terhri in Sessions Trial No.09 of 2007, whereby the accused/respondents Jaibeer Singh, Chatar Singh and Balbeer Singh are acquitted of the charge punishable under Section 302 read with Sec. 34 of the Indian Penal Code. 2. There is delay of 13 days in filing the appeal which is sufficiently explained in the affidavit filed with the application. 3. The application is allowed. Delay is condoned. (Delay condonation application No.1070/2008 stands disposed of.) 4. Also heard on leave to appeal and perused the impugned order passed by the trial court. 2 5. Prosecution story, in brief, is that deceased Manju got married to accused/respondent No.1- Jaibeer Singh on 20.01.2003. Two children were born out of the wedlock. In the intervening night of 3/4.10.2006, Manju Devi died an unnatural death. After post mortem examination, viscera was preserved and sent to the forensic laboratory, from where report was received that there was poisonous substance in the viscera. Meanwhile, on 04.10.2006 father of the deceased lodged first information report relating to offence punishable under Section 302 I.P.C. against the accused/respondents alleging that they have killed his daughter. 6. The trial court, after discussing the evidence on record, found that there is no other circumstance except that the poisonous matter was found in the contents of viscera, which suggests that she was murdered by the accused/respondents with common intention. It is specifically discussed by the trial court in its judgment that whether deceased herself consumed poison (Nuwan) as pleaded by the defence, or was administered poison, as pleaded by the prosecution, is not clear from the record. It is not a case of dowry death or harassment for non- fulfilment of demand of dowry as it was love marriage between accused Jaibeer Singh and Manju (deceased). 7. Having heard learned counsel for the State and after going through the impugned judgment and order passed by the trial court, we do not find any error of law committed by the trial court in acquitting the accused as the charge was not found to have been proved beyond reasonable doubt. 8. Therefore, the leave is refused. The appeal stands dismissed summarily. (B.S. Verma, J.) (P.C. Pant, J.) 15.06.2009 P.Singh