JUDGMENT :

MANOJ MISRA, J.

1. This appeal assails the judgment and order of the High Court of Uttarakhand at Nainital (in short, “the High Court”), dated 26.07.2012, in Government Appeal No.4 of 2022. By the said order, though the delay in preferring the appeal against the judgment and order of acquittal dated 13.12.2011 passed by the third Additional District & Sessions Judge/Special Judge (Prevention of Corruption Act), C.B.I., Dehradun (for short “the trial court”) in C. No. RC-5/87-SIU.II was condoned, the application seeking leave to appeal under section 378 (3) of the Code of Criminal Procedure, 1973 (in short, “the Code”) was rejected and in consequence the Government Appeal was dismissed.

Introductory Facts

2. In the night/late evening of 24.06.1987, one Raj Kumar Baliyan (in short, “the deceased”) was killed. A first information report (FIR) was lodged by Pramod Kumar Tyagi (PW-6) alleging, inter-alia, that while he and Sudeep (PW-3), on one Scooter, and Raj Kumar Balyan (the deceased) on another Scooter, were travelling from Muzaffarnagar to Meerapur to attend a marriage, near Bhatoda turn, at about 9.30 pm, in the light of the Scooter, they saw three policemen standing on th