- (1.) THIS appeal is directed against the judgment of acquittal dated 20.3.1982 passed by the Sessions Judge, Kanpur in S.T.No. 549M of 1981 under Sections 302/304 IPC.
(2.) WARRANTS were issued whereupon the following order was passed on 17th of May 2011 : Sri P.S. Yadav, learned counsel files appearance slip on behalf of accused -respondents no.1 and 2. It be taken on record. Pursuant to the order dated 31.3.2011, accused -respondents no.1 and 2 namely Har Prasad and Vidya Nath are present in person before this Court and they are identified by their counsel Sri P.S. Yadav. Future appearance of the above -named accused -respondents is dispensed with unless otherwise directed. Learned counsel for accused -respondents no.1 and 2 states that above -named accused -respondents have got themselves bailed out before the lower court. By the next date fixed, the CJM concerned is directed to submit his report as to whether the accused -respondents Har Prasad and Vidya Nath have got themselves bailed out and forward the copies of the bail bonds to this Court. None is present for the accused -respondents no. 3 and 4. Issue non -bailable warrants against accused -respondents no.3 and 4 namely Kanhai Lal and Ashok Kumar for securing and ensuring their presence before this Court on 6.7.2011. List on 6.7.2011 showing the name of Shri P.S. Yadav as counsel for the respondents. Since it is a very old case and relates to village Dambarpur, P.S. Bithoor, office to send requisition for the lower court record of S.T. No. 549 M of 1981 to District Judge, Kanpur Nagar and if the record is not available with the District Judge, Kanpur Nagar, the requisition may be forwarded to District Judge, Kanpur Dehat (Rama Bai Nagar) for sending the same to this Court by the next date fixed. However, on the information given by the learned AGA, the following order was passed on 10th of August 2011 : On 17.5.2011 lower court record was summoned from Kanpur. Learned A.G.A. on the basis of noting on his file informed that record was handed over to the office of the High Court on 14.9.1982. Office has also not furnished the report about the lower court record. List in the next cause list along with office report.
(3.) THE office report dated 17.8.2011 states that the lower court record was not submitted as mentioned by the learned AGA, but only the police papers have been submitted which has been made part of this record.;