STATE OF UTTAR PRADESH Vs. ABHAI RAJ SINGH

JUDGEMENT

(1.) In these appeals the question of seminal importance which arises is whether in exercise of power under Section 386 of the Code of Criminal Procedure, 1973 (in short 'the Code'), the Appellate Court would be justified in directing acquittal, where the records of the Trial Court are not placed before it on some ground or the other. The Allahabad High Court by the impugned judgment directed acquittal of the accused persons (present respondents) who were appellants before it.

(2.) Background facts need be noticed are essentially as follows :

(3.) Two appeals against the common judgment and order dated 23-6-1979 were filed by the respondents Om Pal Singh, Abhai Raj Singh and Ved Pal Singh. After admission of the appeal, registry of the High Court sent for the records from the Trial Court. By letter dated 27-6-1984 the office-in-charge (Record room) Judges Court, Bareilly informed the High Court that the records of the case were not available having been destroyed in the fire that broke out in the night between 18/19-11-1979. Nothing seems to have been done thereafter, though we feel that the registry should have placed the matter before the appropriate Bench for further directions to explore the possibility of reconstructing the records, to effectively dispose of the appeals. Be that as it may, by order dated 1-11-1993 i.e. more then 9 years after the letter was received from the lower Court, 3 months time was allowed for reconstruction of the record at the Sessions Judge level. The High Court while disposing of the appeal on 25-2-1994 noted that no communication had been received about the reconstruction of the record, and inference was therefore drawn that it was not possible for the Sessions Judge to reconstruct the record. It was in this background it was held that the mandate of law contained in Sections 385 and 386 of the Code cannot be complied with and therefore, directed that the appellants were not to be arrested in pursuance to the judgment and order, and were not required to surrender also and the bail bonds were to be cancelled.