SANGAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. Sangam Lal has preferred this appeal against the judgment and order dated 31-1-1977 of IIIrd Additional Sessions Judge, Allahabad in S. T. No. A-1 of 1976 by which he was convicted under Section 302 I. P. C. and was sentenced for imprisonment for life. Ghanshyam accused who was tried alongwith the appellant in the same sessions trial was, however, given benefit of doubt and was acquitted.

(2.) BEFORE adverting to the merits of the case, it is necessary to place on record certain disturbing features of the present appeal. The appellant was convicted and sentenced on 31-1-1977 and soon thereafter he preferred the appeal and was granted bail. All the criminal appeals of the year 1977 have been heard and disposed of by this Court several years back but the present appeal was not listed for hearing at its turn. Trijugi Narain, brother of the deceased Smt. Manorama Devi filed an application for hearing of the appeal on which an, order was passed on 30-11-2000 for listing it alongwith the record of the appeal. It was thereafter that the office submitted a report that for a long time the record of the criminal appeal was not traceable in the High Court office. However on a further order being passed, the record of the trial Court was summoned. When the trial Court record was received, it was found to be partly burnt and some documents which had been marked as Exhibits in the trial Court were totally missing. Fortunately, the statement of the witnesses were intact. The appeal has been heard on the material as it stands today on the record. It is not necessary for us to guess as to who was to gain by the disappearance of the record of the appeal from the High Court office and also from the delay in the hearing of the appeal as the appellant is enjoying bail for over 24 years.

(3.) ON the basis of the charge-sheet submitted by the police, the Chief Judicial Magistrate took cognizance of the offence and committed the case to the Court of Sessions on 20-12-1975. The learned IIIrd Additional Sessions Judge, framed charge under Section 302 read with Section 34 I. P. C. against both the accused namely, Sangam Lal and Ghanshyam by the order dated 29-5-1976. The charges were read over and explained to the accused who pleaded not guilty and claimed to be tried.