IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal No. 77 of 2001 (Old No.2492 of 1997) State of U.P. (Now Uttarakhand) Versus ……Appellant Pradeep Singh Rawat S/o Bachan Singh and others .…Accused-opposite Parties. Mr. Nandan Arya, learned A.G.A. for the State. Smt. Prabha Noliyal, learned counsel for the accused-opposite parties. Dated 04th May, 2010 Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. In this case, in order to assess the evidence, the record of trial court was called for, but the report received by the office of this Court indicates that record of trial court is not available on account of the reason that it was destroyed in the fire. Although sincere efforts, in order to reconstruct the record, were made, but all in vain. We therefore, do not have any other option except to dispose of this Special Leave to Appeal on the basis of the judgment rendered by trial court. Heard Sri Nandan Arya, A.G.A. for the State/appellant, Smt. Prabha Naithani, learned counsel for the accused-respondents and perused the impugned judgment. 2 We are of the view that the judgment passed by trial court is based on the correct assessment of evidence on record. We do not find any ground for coming at any different conclusion as has been adopted by trial judge. We, accordingly do not find any infirmity in the impugned judgment passed by the trial court, thereby acquitting the accused-respondents. Accordingly, Special Leave to appeal filed by the State against the acquittal of accused-respondent, being devoid of merit, is dismissed. Consequently, Government Appeal against the acquittal of accused-respondent vide judgment and order dated 24.02.1997 is hereby dismissed. (Nirmal Yadav, J.) (B.C. Kandpal, J.) JKJ 04.05.2010