PREM KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The instant criminal appeal has been preferred against the judgment and order dated 19.02.1981 passed by learned VIth Additional Sessions Judge, Kanpur in Session Trial No. 261/M of 1977 ( State of U.P. vs. Moti Lal and Ors ), under Sections 399 , 402 IPC and Section 25(a) and 25(b) Arms Act, P.S. Fazalganj, District Kanpur, whereby accused appellant Prem Kumar has been convicted under Section 25(b) Arms Act and sentenced to one year rigorous imprisonment.

(2.) Heard Sri Aman Kumar, learned Amicus Curiae for the appellant and Sri Anshuman Singh, learned A.G.A. for the State.

(3.) At the outset, it may be mentioned that as per report dated 21.12.2019 of District Judge Kanpur Nagar, the record of trial Court pertaining to this case is not traceable. It has also been reported that reconstruction of record is also not possible. This case pertains to an incident dated 31.01.1977, wherein recovery of one knife was shown from the appellant Prem Kumar. This appeal is pending since 1981. In view of the report of the District Judge, Kanpur Nagar it appears that neither reconstruction of the record nor re-trial is possible. In view of all these facts particularly considering the fact that this appeal is pending for the last 39 years. It appears desirable that this appeal be decided finally.