RAMESH ALIAS LALLA AND ANR. Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by Ramesh alias Lalla and Kariyal alias Nasir against the judgment dated 3 -4 -1972 of the Temporary Civil and Sessions Judge, Etawah, convicting them under Ss. 392 and 324, I.P.C. Kariyal was further convicted under Sec. 325, I.P.C. and Ramesh under Sec. 224, I.P.C. Both were sentenced to various terms of imprisonment under the said Ss. concurrently.

(2.) The lower Court record while in transit got burnt due to a fire in the bogie of the train in which it was.

(3.) A report was called from the lower Court as to whether the record of the lower Court could be reconstituted. The learned Sessions Judge has reported that only the FIR and the medical reports a re likely to be re -constructed, but the oral testimony of the witnesses cannot be re -constructed. He has observed that notes were taken by the counsel for the parties, but no reliance can be placed on those notes.