STATE OF UTTARAKHAND Vs. AKHILESH KUMAR AMOLI
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
Akhilesh Kumar Amoli
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Prafulla C. Pant, J. -
(1.) THIS is Delay Condonation Application No. 1396 of 2012, for condonation of delay in filing the appeal. After perusal of affidavit of Jai Pal Singh, the Delay Condonation Application No. 1396 of 2012 is allowed, as the delay is sufficiently explained. Delay stands condoned.
(2.) ALSO heard on application for leave to appeal No. 114 of 2012 and perused the impugned judgment and order dated 28.02.2012, passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No. 62 of 2003. As per the prosecution case, the dead body of the deceased was found after 3 -4 days of her death in a jungle. There is no direct evidence on the record as to commission of murder of the deceased by the accused/respondents. It has also come on the record that accused/respondent Nos. 2, 3 and 4 used to live separately from the deceased, and the deceased was said to be living with her husband and three grown up children in a separate house.
(3.) HAVING considered submissions of learned counsel for the appellant, and after going through the impugned judgment and order passed by the trial court, we are of the view that chain of circumstances it not complete as against the accused/respondents to hold them guilty of charge of offence punishable under section 302 of I.P.C. Therefore, application for leave to appeal is rejected. Leave is refused. The appeal stands dismissed summarily.;
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