IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 84 of 2011 with Criminal Appeal No. 169 of 2011 with Delay Condonation Application No. 888 of 2011 1. Vijay Pal Singh S/o Nanu Ram 2. Smt. Poonam W/o Sompal Singh Both R/o Shadak Dudali, P.S Janakpuri Saharanpur (U.P) .....................Appellants Versus 1. State of Uttarakhand through Secretary Home Civil Secretariate, Dehradun. 2. Sri Mainpal S/o Late Prem Singh R/o Village Udalhedi, P.S Kotwali Manglor, District Hardwar ………....….......Respondents Shri Bhuwanesh Joshi, Advocate, present for the appellant Shri S.S.Adhikari, A.G.A., present for the State. Hon’ble Prafulla C. Pant, J. Delay Condonation Application No. 888 of 2011 is allowed. Delay in filing the appeal is condoned. 2 (2) Also, heard on leave to appeal, and perused the impugned judgment and order dated 20.05.2011, passed by IInd Fast Track Court/ Additional Sessions Judge Hardwar, in Criminal Appeal No. 65 of 2007, whereby said court has affirmed the conviction and sentence of Sompal (husband) and Sona Devi (mother in law) under section 498A I.P.C., 323 and under section ¾ of Dowry Prohibition Act, 1961 but the appeal of Mainpal (brother in law/JETH) is allowed and he is acquitted from the above charge. (3) Grievance of the appellant is that the brother in law (JETH) should not have been acquitted by the appellate court. I have gone through the impugned judgment and order passed by the appellate court, and found that appellate court has given sufficient reasons after appreciating the evidence on record, before reaching the conclusion that the charge against the Mainpal (brother in law/JETH) is not proved beyond reasonable doubt. 3 (4) In the above circumstances, leave to appeal is refused and leave to appeal application no. 84 of 2011 stands dismissed. Appeal also stands dismissed summarily. (Prafulla C. Pant, J.) Dt.03.08.2011 N.P