BRISKSHBHAN ALIAS BIRKHEY Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Rahul Mishra, advocate holding brief of Sri Apul Mishra, counsel of the Appellants and A.G.A. for the State.

(2.) This appeal has been preferred by the Appellants Briskshbhan alias Birkhey, Ram Prasad, Meharban, Lalta, Jagdish, Pratap, Rajendra Singh, Ram Swaroop, Siyaram alias Siya, Girwar Sahai, Jamuna and Har Prasad against the judgment and order dated 25.8.1981, passed by the I Ind Addl. Sessions Judge, Jhansi in S.T. No. 9 of 1980, State v. Briskshbhan and others, whereby the Appellants have been convicted and sentenced to undergo rigorous imprisonment for two years under Section 147, I.P.C., two years rigorous imprisonment under Section 353 read with Section 149, I.P.C., five years rigorous imprisonment under Section 307 read with Section 149, I.P.C. and three years rigorous imprisonment under Section 225, I.P.C. The Appellant Harprasad has been further convicted and sentenced to undergo rigorous imprisonment for two years under Section 324, I.P.C.

(3.) After admission of the appeal, the record of Session Trial No. 9 of 1980 was summoned from the Sessions Judge, Jhansi. In response to the letter issued by the office for sending the lower court record, it was reported by the District Judge, Jhansi vide his letter No. 332/XV, dated 27.12.2001 that record of session trial has been weeded out on 6.11.1992 and original judgment only is available in the record. Thereafter, direction was issued to the Sessions Judge, Jhansi to reconstruct the record. In response to the letter issued in this regard, the Sessions Judge, Jhansi vide letter No. 1758/XV dated 15.9.2007 has reported that reconstruction of the record is not possible. Since the papers of Session Trial are not available, hence after a gap of about 29 years, retrial of the accused persons is also not possible.