IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal No. 6 of 2010 and Leave to Government Appeal No. 10 of 2010 State of Uttarakhand … Appellant Vs Kundi Lal & another … Respondents Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. This appeal under Section 378 (3) of Cr.P.C. has been filed by the appellant/State of Uttarakhand against the judgment and order dated 17.11.2009 passed by learned District & Sessions Judge, Rudraprayag in Session Trial No. 08 of 2008, under Sections 307 of I.P.C. thereby acquitting the accused/respondents for the charges levelled against them. 2. Heard Sri S.S. Adhikari, 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 appellant/State, we do not find anywhere in the impugned judgment that it suffers with any illegality or infirmity. The trial court has correctly assessed the evidence and has come to the conclusion that the manner of incident has not been proved by the prosecution. We are unable to find any merit in the special leave to appeal. 4. Accordingly, the leave to government appeal is rejected. Consequently, the appeal against acquittal of the respondents is hereby dismissed. (Nirmal Yadav, J.) (B.C. Kandpal, J.) 18.02.2010 ASWAL