JAMUNA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 9-9-78 passed by Shri Giriraj Kishore, VI Additional Sessions Judge, Bareilly, in Sessions Trial No. 490/77. Jamuna Prasad, appellant was found guilty under Section 302,i. P. C. and was sentenced to imprisonment for Shiv Lal and Ram Prasad, appellants were further life. Jamuna Prasad, Bhoop Ram, bund guilty under Section 323/34, I. P. C. and each of them was sentenced to rigorous imprisonment for six months. Bhoop Ram, Shiv Lal and Ram Prasad, appellants were not found guilty of the charge of under Section 302/34, I. P. C. and were acquitted.

(2.) WE have heard learned Counsel for the appellants and the State. The record of Sessions Trial No. 490/77 is not available. It is said to have been destroyed in a fire which had broken out in Bareilly judgeship. The order was passed for re-construction of record. The District Judge reported vide his D. O. letter No. 159/viii dated August, 26/27, 1983 that the reconstruction of the record is not possible, due to reasons mentioned in the report of Shri Sushil Kumar, VI Additional District and Sessions Judge, Bareilly. The report of Shri Sushil Kumar shows that notices were issued to the accused persons. They were duly served on July 1, 1983. They moved an application through their Counsel that they do not possess any paper pertaining to the aforesaid sessions trial. They also asserted that no paper is available with their Counsel. The D. G. C. criminal was also requested to file the papers relating to the aforesaid sessions trial. He also informed that due to fire which broke out in November, 1979, all the records have been burnt and now no paper is available. The S. S. P. , Bareilly was also requested to send the case diary. He informed that in spite of best efforts, the case diary is not available. Under the circumstances it was reported that the record cannot be reconstructed.

(3.) FOR the above reasons the appeal is allowed. The judgment and order under appeal are set aside. All the appellants namely, Jamuna Prasad, Bhoop Ram, Shiv Lal and Ram Prasad are hereby acquitted of all the charges framed against them and the various sections under which they have been convicted by trial court. All of them are stated to be on bail. They need not surrender. Their bail bonds are discharged. Appeal allowed. .