VISHWA NATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by Vishwanath and another, convict appellants against the judgment and order dt. 1-4-1977 of Sri Govind Prasad, IX Additional District and Sessions Judge, Allahabad, in Sessions Trial No. 273 of 1976 convicting and sentencing each one of the appellants under S. 323 read with S. 34 I.P.C. to three months R.I.

(2.) The record of the Sessions Trial was reported to be burnt. Accordingly orders were passed by this Court for reconstruction of the said record. The District Judge reported that the reconstruction of the record was not possible. This fact is reported in the office report dt. 31-8-1983 appearing on the order sheet. However, the perusal of the order sheet further shows that the counsel for the complainant (on whose complaint the proceedings were started) filed certain papers along with an affidavit that those were true copies. Accordingly, it was ordered by this Court on 18-2-1983 that the said papers be sent to the trial Court for reconstruction of the record, if possible, after giving notices to the complainant as well as to the accused appellants. Ultimately the IX Additional Sessions Judge, Allahabad, submitted his report dt.3-5-1983 that in response to the notices issued to the parties they appeared before him on 16-4-1983 along with their learned counsel. The affidavit was filed by Prabhunath complainant that the annexures 1 to 8 to the affidavit D/-13-3-1982 were correct and true copies of the record. On the other hand Bhagwan Din, one of the accused-appellants filed counter-affidavit challenging the correctness of the said copies. The learned IX Additional Sessions Judge returned the finding that Annexures 1 to 8 in question were true copies of the original documents and they could be safely accepted as such and it could be justified that they were true copies.

(3.) Those annexures happened to be the complaint of Prabhunath complainant regarding the incident in question. Annexures 2 to 7 are the copies of the statements of six witnesses who were examined in the Sessions Trial. Annexure 8 is the copy of the F.I.R. dt.28-3-1975 regarding the incident in question which was said to have taken place that very day.