MAUJI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.D.S. Jadaun, learned counsel for the appellants and Sri L.D. Rajbhar, learned A.G.A. for the State.

(2.) This appeal has been preferred against the Judgment and order dtd. 6/3/1980 passed by Second Additional Sessions Judge, Non-Metropolitan Area, Kanpur in Sessions Trial No. 189 of 1978, convicting and sentencing the appellants no.1 and 2 to undergo imprisonment for life under Sec. 302/34 I.P.C. and to undergo one years rigorous imprisonment under Sec. 323/34 I.P.C.; and further convicting and sentencing the appellant no.3 to undergo one year rigorous imprisonment under Sec. 323/34 I.P.C.

(3.) Perused the record. From the perusal of the order sheet, it is evident that on 9/2/2015, the lower court record was summoned. Later on, after certain correspondence, it was reported by the office on 7/11/2019 that the Record Room, Kanpur Nagar, vide report dtd. 31/10/2019, informed through the C.J.M. concerned that the lower court record in Sessions Trial No. 189 of 1978 is not available and the departmental enquiry in this regard has been initiated. Thereafter, on 21/1/2020, the District Judge, Kanpur Dehat, vide covering letter dtd. 21/1/2020, has intimated that the enquiry in the said matter was done and it was found that one class-III employee Kailash Nath Yagik, the then clerk of Second Additional District and Sessions Judge, Kanpur Dehat, who retired on 31st of March 2008 from service and also died on 4/5/2010, was found responsible for missing of the aforesaid lower court record as the record reveals that he had received said lower court record on 20/7/1992 during his posting as clerk with the Second Additional District and Sessions Judge, Kanpur Dehat. Later on, vide letters dtd. 17/3/2020 and 21/3/2020, it has been reported that the reconstruction of record and retrial in the aforesaid matter are not possible.