SITA RAM Vs. STATE

JUDGEMENT

(1.) On 23-8-1971 at about noon time an incident took place in village Kanaili, Police Station Sarai Aqil district Allahabad, in which Ganesh Din lost his life and Surya Bali Singh, Daya Ram Singh and Gaya Prasad Singh received injuries. In Sessions Trial No. 91 of 1973 the appellants have been found guilty for committing the murder of Ganesh Din and causing injuries to Surya Bali Singh and others. For the murder of Ganesh Din, Sita Ram has been sentenced to imprisonment for life under Section 302, I.P.C. The remaining four appellants, namely, Din Bandhu, Lalji, Ram Naresh and Sarwan Kumar have been awarded the same sentence under Section 302/149, I.P.C. The appellants have further been convicted and sentenced to various terms of imprisonments for other offences committed in the incident. The sentences have been directed to run concurrently.

(2.) Against the order of the learned Additional District and Sessions Judge, Allahabad, dated 18-11-1974 the present appeal was filed in this Court on 21-11-1974. While admitting the appeal this Court enlarged the appellants on bail. During the pendency of the appeal in this Court the original record was destroyed as a result of an accidental fire that broke out in the court below.

(3.) When the appeal was put up for hearing, an attempt was made to reconstruct the record. Ample opportunity was allowed to the State as well as to the appellants but the record could not be reconstructed. The question that has cropped up for consideration is whether the appeal can be decided on merit and if not what is the course to be adopted by this Court.