IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Leave to Government Appeal No.17 of 2008 In Government Appeal (D) No. 14 of 2008 (Delay Condonation Application No. 134/2008 State of Uttarakhand …… Appellant Versus (1) Kiran Fartiyal S/o Sri Pratap Singh Fartiyal, R/o Village-Sheri Gair, Police Station-Lohaghat, District-Champawat. (2) Mukesh Verma S/o Sri Ishwari Lal Verma, R/o Talli Hat, Police Station-Champawat, District-Champawat. (3) Hem Upreti S/o Sri A.D.Upreti, R/o Standard Hotel, Champawat, at present - 2/162 Pali Sheet Haldwani, Police Station - Kathgodam, District-Nainital. …… Respondents Sri Tanuj Semwal, learned A.G.A. for the appellant. Mrs.Pushpa Joshi, learned counsel for the respondent Nos.1, 2 & 3. Date: April 29, 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.134/2008 moved on behalf of the appellant/applicant i.e. State for condonation of delay in filing the appeal against judgment and order dated 08.06.2007 passed by learned Additional Sessions Judge/First Fast Track Court, Nainital in Sessions Trial No. 198 of 2006. Heard. There is delay of 186 days in filing the appeal which is sufficiently explained in the affidavit and supplementary affidavit of Sri Harish Chandra Joshi, Station House Officer, Police Station- Lohaghat (District-Champawat). 2 The application is allowed. Delay is condoned (Delay condonation application No.134/2008 stands disposed of.) Also heard on leave to appeal and perused the impugned judgment and order dated 08.06.2007 passed by the trial court (Additional Sessions Judge/First Fast Track Court, Nainital) in Sessions Trial No.198 of 2006, whereby the accused/respondents have been acquitted of the charge of offences punishable under Sections 302/34, 201/34, 394/34, 411/34 and 376 of the Indian Penal Code. The leave is granted. (Application for leave to appeal No.17/2008 stands disposed of.) Admit the appeal. The accused/respondents are already represented by Mrs.Pushpa Joshi Advocate, as such there is no need to issue notices. Summon the lower court record. List after lower court record is received. (B.S.Verma,J.) (P.C.Pant,J.) 29.04.2009 P.Singh