1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Leave to Appeal No. 66 of 2011 with Government Appeal No. 43 of 2011 with Delay Condonation Application No. 638 of 2011 State of Uttarakhand …................. Appellant Versus Rakesh Aggarwal S/o Prem Chand R/o Tanki Colony P.S Adarsh Manid Shamli District Muzaffarnagar …........…Respondent Shri Amit Bhatt, A.G.A., present for the State/Appellant Coram: Hon’ble Prafulla C. Pant, J. Hon'ble Servesh Kumar Gupta, J. Oral: Hon'ble Prafulla C.Pant, J. Heard. 2 (2) This is Delay Condonation Application No. 638 of 2011, for condonation of delay in filing the appeal against the judgment and order dated 28.2.2011, passed by IInd Fast Track Court/Additional Sessions Judge, Hardwar in Sessions Trial No. 119 of 2002, whereby said court has acquitted the accused/respondent Rakesh Agarwal from the charge of offence punishable under section 302 I.P.C. (3) Delay in filing the appeal is condoned. The Delay Condonation Application No. 638 of 2011 stands allowed. (4) Also heard on leave to appeal and perused the impugned judgment and order passed by the trial court. (5) Perusal of the impugned judgment shows that most of the witnesses of fact have not supported the prosecution story. It is a case where in a marriage procession several persons were said to have fired shots in the air in joy. One of the bullets hit at the boy aged 13 years, who died. Most of the eye witnesses have turned hostile and stated they did not see who fired the shot by which the boy died. (6) Having gone through the impugned judgment and after considering the grounds mentioned in the appeal, 3 this court does not find any error of law committed by the trial court, in acquitting the accused. (7) Leave to Appeal is refused. (Application for Leave to Appeal No. 66 of 2011 is dismissed). The appeal is dismissed, summarily. (Servesh Kumar Gupta, J.) (Prafulla C. Pant, J.) 17.06.2011 Nahid