JUDGMENT :

(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

For the reasons stated in the application seeking condonation of delay, the delay of 75 days in preferring the present Government Appeal is, hereby, condoned. Delay Condonation Application is, hereby, allowed.

2. The application seeking Special Leave to Appeal is, hereby, allowed. Leave granted.

3. Aggrieved by the acquittal of the respondent-accused, Ravindra Kashyap, for the offence under Section 302 IPC read with Section 34 IPC, the State of Uttarakhand has filed the present appeal against the judgment dated 29.01.2021 passed by the learned Third Additional Session Judge, Haridwar.

4. Briefly, the facts of the case are that on 21.02.2018 Shravan Kumar (P.W. 1) lodged a report with the Police Station Kankhal, District Haridwar, wherein he claimed that his son, Aman Kashyap, aged 18 years, had left the house around 12 o'clock in the afternoon with his friend Sachin, S/o Roopchand, R/o Himgiri Colony, Kankhal, and Ravindra Kashyap, S/o Mahavir Kashyap, R/o Chetandev Kutiya, Kankhal. His son has not returned back home. When he asked both his friends, they informed him that they had left Aman Kashyap at 12:30 P.M. a