BRAHMANAND SHUKLA Vs. STATE OF UP

JUDGEMENT

(1.) Accused appellant Brahmanand Shukla has filed this appeal against the judgment and order dated 23.9.81 passed by the Sessions Judge, Allahabad in S.T. No. 18 of 1980, State v. Brahmanand and Ors. convicting and sentencing the accused appellant with imprisonment for life for the offence under Section 302 IPC.

(2.) At the outset, it is proper to mention that after filing of the appeal, the original record of the Sessions Trial was summoned from the District Court, Allahabad. The District Judge reported that the file is missing and attempts are being made to trace the file. Ultimately when the file could not be traced, this Court vide order dated 18.7.08 in view of the judgment of Hon'ble the Apex Court in State of U.P. v. Abhay Raj Singh, 2004 AIR(SC) 3235 ordered the District Judge, Allahabad to take steps for reconstruction of the record by calling for the documents if are available with the police,the complainant, the accused and the D.G.C. The record shows that the Additional District & Sessions Judge vide letter dated 24.10.08 informed this Court that the D.G.C.(Criminal), the accused and the police station concerned could not make any document relating to the case available. It was also informed that the name of the complainant of the case could not be known hence the complainant could not be informed with regard to the reconstruction of the file.

(3.) When the matter came up before us, we made enquiries from the appellant with regard to the name and address of the informant and ultimately the particulars of the informant were given by the appellant. Notices were issued to the informant, who appeared before us personally. He was instructed to contact his private counsel who had conducted the case in the trial court and to find out whether any document relating to the case is available with him or not. The informant on a subsequent date informed that no such document is available with his private counsel as well. Thus the endeavour of this Court to get the record reconstructed did not succeed.