IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL SPLA (LEAVE TO GOVERNMENT APPEAL) No. 102 of 2008 IN Government Appeal No. 319 of 2008 (Delay Condonation Appln.No.984/2008) State of Uttarakhand ………. Appellant Versus 1. Sunder Singh Khati S/o Ram Singh, 2. Smt.Devki Devi W/o RamSingh, 3. Km.Hema D/o late Ram Singh, R/o Hydle Gate, Narayan Nagar, Bajpur Road, Kashipur, District – Udham Singh Nagar ………. Respondents ..……………….. Sri S.S. Adhikari, learned A.G.A. present for the appellant/applicant. Date: May 08, 2009 Hon’ble Prafulla C. Pant, J. Hon’ble B.S.Verma, J. [Per : Hon’ble Prafula C. Pant, J.] This is application No.984/2008 for condonation of delay in filing the appeal against judgment and order dated 08.08.2008 passed by learned Sessions Judge, Udham Singh Nagar in Sessions Trial No.278 of 2006. Heard. The delay is sufficiently explained in the affidavit accompanying the application. The application is allowed. Delay is condoned. (Delay condonation application No.984/2008 stands disposed of). Also heard on leave to appeal and perused the impugned judgment and order dated 08.08.2008 passed by learned Sessions Judge, Udham Singh Nagar in Sessions Trial No. 278 of 2006, 2 whereby accused/respondents Sunder Singh Khati, Devki Devi and Km.Hema are acquitted of the charges punishable under Sections 498- A, 304 B of the Indian Penal Code and one punishable under Section 3/4 of Dowry Prohibition Act, 1961. Having heard learned counsel for the appellant/State and after going through the impugned judgment and order, the leave is granted. Admit the appeal. Issue bailable warrants under Section 390 of Criminal Procedure Code against the respondents Sunder Singh Khati, Devki Devi and Km.Hema. Also summon the lower court record. List after the lower court record is received. (B.S. Verma, J.) (P.C. Pant, J.) 08.05.2009 P.Singh