IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Leave to Government Appeal No. 51 of 2010 in Government Appeal No. 40 of 2010 State of Uttarakhand ……Applicant/Appellant Versus Sunil S/o Ganpat R/o Chakferi P.S. Pantnagar District U.S. Nagar .…Respondent Sri S.S. Adhikari, learned A.G.A. for the State/ appellant. Hon’ble Prafulla C. Pant, J. Hon’ble Nirmal Yadav, J. Sri S.S. Adhikari, learned A.G.A. present for the State/appellant. Heard. CRMA No.970 of 2010 This is delay condonation applicaton No.970 of 2010 for condonation of delay in filing the appeal against judgment and order dated 30.04.2010 passed by Additional Sessions Judge/Ist Fast Track Court, Roorkee in Sessions trial No.138 of 2008 whereby the accused/respondent Sunil has been acquitted of the charge of offence punishable under sections 302, 364-A and 201 I.P.C. 2 The delay of 31 days in filing the appeal is sufficiently explained in affidavit accompanying the application. Delay condonation application is allowed. Delay is condoned. Also, heard on leave to appeal and perused the impugned judgment and order dated 30.04.2010 passed by trial court whereby accused Rajesh and Dharmendra are convicted, but respondent Sunil is acquitted of the charge. Having considered the submissions of the learned counsel for the State/appellant and after going through the impugned judgment passed by trial court, we are of the view that since the chain of circumstances as against the present respondent Sunil does not appear to be complete, the trial court has committed no error of law in acquitting him of the charge of offence punishable under sections 302, 364-A, 201 IPC. Therefore, the Leave is refused. Application for leave to appeal is rejected. Appeal stands dismissed summarily. (Nirmal Yadav, J.) (Prafulla C. Pant, J.) JKJ 01.09.2010