BAIKUNTH Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appeal was listed in the cause list for hearing. Nobody appeared from the side of the Appellant to argue the appeal, which came up for hearing after a gap of three decades, therefore, applying the law laid down by the Apex Court in Bani Singh and Ors. v. State of U.P., AIR 1996 SC 2639, Sri Devendra Mohan Singh, learned Advocate was appointed as Amicus Curiae to argue the appeal for the Appellant.

(2.) HEARD learned Amicus Curiae and learned AGA.

(3.) APPEAL was admitted in this Court on 15.2.1982 and lower court record was summoned. Various intimations were sent for sending of trial court record and ultimately District Judge, Jhansi vide his report dated 29.11.2002 intimated this Court that the original trial court record has already been weeded out and, therefore, could not be sent to this Court. An order for reconstruction, therefore, was directed by this Court. District Judge, Jhansi on the aforesaid direction furnished a report dated 14.8.2008 wherein, he intimated the Court that he had directed for reconstruction of the record to the concerned court. There is a subsequent report by the Sessions Judge dated 5.2.2010 wherein, he has mentioned that in spite of best efforts being taken, reconstruction of the record is not possible.