STATE OF U P Vs. BHUDEO

JUDGEMENT

(1.) THIS Government Appeal has been preferred against the judgement and order of acquittal dated 21.6.1976 passed by the learned Magistrate in Criminal Case No. 3371 of 1976 under Section 379 I.P.C. and 25 Arms Act acquitting the accused/ respondent.

(2.) THE prosecution version in brief is that the accused respondents was caught red handed when he had stolen the cycle of the first informant. On his search illicit knife was also recovered from his possession. Accordingly, he was arraigned in this case under the aforesaid sections. The prosecution has examined the first informant and three other witnesses. The learned lower court, however, disbelieved the prosecution witnesses, as they were on inimical terms with the accused and their testimonies were full of contradictions and acquitted him vide judgement dated 21.6.1976 against which this appeal has been preferred by the State.

(3.) IT is an incident of theft of the year 1976. The trial court record is not traceable as informed by the District Judge, Aligarh. As per his report the record was sent in the Registry of this Court. As per report dated 23.9.2013 of O.S.D. V.K. Srivastava the lower court record was again sent to the district court. However as per report of the In -charge Record Room Aligarh Judgeship, the record was not received back in the Record Room. Thus, the record of the lower court is not traceable.