IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal No. 1895 of 2001 Old Number Government Appeal No. 405 of 1999 State of U.P. (Now State of Uttarakhand) ……..…Appellant. Raees Ahmad Versus and another. …….….Respondents. Present: Mr. S.S. Adhikari, learned AGA for the State of Uttarakhand/ appellant. Coram: Hon’ble B.C. Kandpal, J Hon’ble Nirmal Yadav, J. Heard Mr. S.S. Adhikari, learned AGA for the State of Uttarakhand / appellant on special leave to appeal and perused the record. The record reveals that it is a case of circumstantial evidence. The evidence adduced by the prosecution with regard to the circumstances connecting the accused with the commission of crime, is absolutely insufficient. The prosecution could not establish the guilt of the accused persons beyond reasonable doubt. Further, recovery of knife from the possession of the accused / respondents also appears to be absolutely doubtful. We do not find any infirmity in the impugned judgment passed by the trial court. Order of acquittal of the accused persons does not appear to be illegal or perverse. 2 We do not find any force in special leave to appeal, which is accordingly dismissed. Appeal against the impugned judgment and order thereby acquitting the accused / respondents is also dismissed. (Nirmal Yadav, J.) (B.C. Kandpal, J) 18.06.2010 SKS