STATE OF UTTARAKHAND Vs. ARVIND MISHRA SATISH MISHRA

JUDGEMENT

(1.) THIS is an application for condonation of delay to file appeal against the acquittal of the respondent Arvind Mishra passed by the learned Sessions Judge, Nainital in Sessions Trial No. 94/2004 u/s 302 I. P. C. vide his order dated 11. 05. 2006. Notice was issued to the respondent which was served personally upon him but no objection/counter affidavit has been filed to the delay condonation application.

(2.) THE delay is sufficiently explained in the affidavit of Suresh Chandra Joshi, Station Officer, Police Station Kathgodam. The delay condonation application is allowed. The delay is condoned. Also heard on leave to appeal application.

(3.) THIS application has been filed to prefer appeal against the judgment and order dated 11. 05. 2006 passed by the learned Sessions Judge, Nainital in Sessions Trial no. 94 of 2004 whereby the respondent Arvind Mishra was acquitted for the offence punishable u/s 302 I. P. C. Perused the aforesaid judgment and order challenged in this appeal.