IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Leave to Government Appeal No. 42 of 2008 IN Government Appeal No. 111 of 2008 State of Uttarakhand …..Appellant/Applicant. Versus Sushil Silashwal S/o Late Brahmidutt R/o Village Beddhar Patti Dhamanasuin P.S. Narendra Nagar District Tehri Garhwal. …….Respondent. Shri Harish Pujari, learned Additional Government Advocate for the State. Coram: Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Oral:- Hon’ble Prafulla C. Pant, J. Heard Shri Harish Pujari, learned Additional Government Advocate, for the State/appellant on leave to appeal and perused the impugned judgment and order dated 16.02.2008, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 35 of 2007, whereby respondent Sushil Silsawal, has been acquitted of the charge of offence punishable under Section 427, 436 I.P.C. 2. The impugned judgment and order shows that the respondent-Sushil Silsawal, is acquitted of the charge for the reason that prosecution has not proved the charge beyond reasonable doubt. It appears that witnesses mentioned in the First Information Report are not examined. P.W. 1 Anita was not an eye- witness and P.W. 2 Sunita has only given the statement that she saw Sushil Silsawal, running from the house. The chain of the circumstantial evidence was not complete. 3. Having gone through the impugned judgment and order, we are of the view that the judgment is well discussed and requires on interference. 4. Leave is refused. The appeal stands dismissed in limine. (Dharam Veer, J.) (Prafulla C. Pant, J.) Dt. 23.05.2008 Sweta