HUSAIN AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal arises from the judgment of the Sessions Judge, Allahabad, dated 16.10.1981 convicting and sentencing the appellants Mohammad Hussain alias Munnoo, Abdul Ghani, Azimullah and Zaheer to imprisonment for life under Sections 302 read with 34 I.P.C. and 3 years' R.I. under Section 307 read with 34 I.P.C. The sentences are to run concurrently.

(2.) However, learned counsel for the appellants did not argue the case on merit. He argued that as the 313 Cr.P.C. statements of the appellants and exhibits were all missing, orders were passed for their reconstruction, but the same could not be reconstructed from the original, which was mandatory for the decision of the appeal in view of Section 386 Cr.P.C. Perusal of the record is essential for deciding an appeal from conviction or even against acquittal, exhibits and 313 Cr.P.C. statement are vital parts of the record, which are missing in this case. The exhibits had been reconstructed or transcribed in the Roman script and do not appear to have been prepared by comparing with the documents in original, as is required under Section 63 and 65 of the Evidence Act. Hence they could not utilize for affirming the conviction of the appellant. He has placed reliance on the judgment in J. Yashoda v. K. Shobha Rani, 2007 5 SCC 730, Sukhlal and others v. State of U.P.,2014 86 ACC 425. The latter was a decision of Division Bench of this Court.

(3.) Learned A.G.A., although, he contended that the findings of the trial Court of conviction are not perverse or unreasonable but he did not dispute the legal position regarding the admissibility of the documents produced (i.e. all the reconstructed documents), which have been made part of the paper books.