DAYA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Daya Ram has referred this appeal against his conviction under Sections 302/34 and 2017511 I.P.C. and sentence of imprisonment for life and two years R. I. respectively as awarded by the VI Addl. District and Sessions Judge, Bareilly on 7.12.1978. When this appeal had come up for hearing on 4.12.1982 it was reported that the entire record in the lower court has been burnt. Consequently a direction was issued by this Court for re-constructing the record. After making all efforts the reconstruction of the record could not be possible and the District Judge Bareilly has forwarded his report dated 12.8.1983. A -perusal of the said report of VI Addl. Sessions Judge Bareilly indicates that it is not possible to get reconstruction of the record done.

(2.) From a perusal of the judgment it appears that the accused had denied the alleged offence which was said to have been committed on 21.8.1976 at 6 p.m. He had also challenged lodging of the F. l.R., the steps taken by the Investigating 'Officer and also placed reliance on the postmortem report in order to substantiate that he has been falsely implicated.

(3.) All the documents relevant for the decision of this appeal are, therefore, no more available. This Court cannot peruse the record nor, can get the same reconstructed and then peruse. Therefore, there is no option but to allow this appeal.