STATE OF UTTARAKHAND Vs. NANKU @ PAPPU

JUDGEMENT

(1.) These appeals are preferred by the State of Uttarakhand for challenging the impugned judgment of the Division Bench of the High Court dtd. 8/5/2013 by which the respondents were acquitted for the offences punishable under Ss. 302, 364 and 261 of the Indian Penal Code, 1860. The order of conviction passed by the Trial Court has been overturned by the High Court.

(2.) The view taken by the High Court is certainly a plausible view which could have been taken on the basis of evidence on record. In fact, this is a case where no other view was possible. We wonder why the State has preferred these appeals against acquittal in such a case. The appeals are accordingly dismissed.

(3.) Before we part with the case, we must record a very shocking feature of the case. The High Court in the impugned judgment has recorded the following finding: