Hon'ble Mrs. Poonam Srivastav, J. - (1.) Record of criminal appeal has been received back after a direction from the Apex Court dated 7.2.2005. Record of trial Court in the instant appeal could not be traced out despite several order and best efforts of the Court. On perusal of various letters sent to District Judge, Ballia, it transpires that record of instant criminal appeal No. 2120 of 1981, Raj Narain Pandey v. State, arising from Session Trial No. 152 of 1980, under Section 307 I.P.C. P.S. Bansdih Road, District Ballia, decided by Sri Hem Raj Ram, 1st Additional Sessions Judge, Ballia, vide judgment and order dated 17.9.1981, could not be reconstructed.
(2.) Intimation was sent to Section Officer, criminal department by means of letter dated 20.12.2002 after obtaining due endorsement from Additional Sessions Judge, Ballia. There are various letters which clearly establish that record of Session Trial was weeded out, therefore, appeal was finally allowed by this Court vide judgment and order dated 16.1.2004.
(3.) The judgment was challenged by the State before the Apex Court whereby appeal filed by the State, was allowed. The judgment and order dated 16.1.2004 passed by this Court acquitting appellant was set aside. Matter was remanded to this Court to decide it on merits after giving adequate opportunities to the parties for reconstruction of record. As already stated above, various letters and efforts on the part of Additional Sessions Judge, Ballia, neither statement nor any other document could be procured as such record could not be reconstructed. The instant appeal has come up before this Court for hearing after remand from the Apex Court.;