KHALIL AHMED Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 24.8.1977 passed by the 1st Additional District and Sessions Judge, Bareilly, in ST. No. 181 of 1975 convicting the appellant under section 324 I.P.C. and sentencing him to a fine of Rs. 500/-and in default of payment of fine to undergo six months RI.

(2.) Briefly stated, the appellant Khalil was charged under section 307 I.P.C. while another co-accused Sarwar Ali was charged under section 307 read with section 34 I.P.C. for inflicting knife injuries to one Israr Ali on the night between lOth/lith April 1974. The 1st Additional District and Sessions Judge vide the impugned order dated 24.8.1977 found the appellant not guilty under section 307 I.P.C. but convicted him under section 324 I.P.C. and sentenced him to the period already undergone and a fine of Rs. 500/-. Similarly, co-accused Sarwar Ali was found not guilty under section 307/34 I.P.C. but was convicted under section 352/34 I.P.C. and was sentenced to the period already undergone.

(3.) The instant appeal was admitted by this Court on 30.8.1977 and the realization of fine from the appellant was stayed. However, before the appeal could come up for hearing there was an incident of fire in the record room, Civil Courts, Bareilly. In reply to letter no. 802 dated 5.2.1982 summoning the record of the Sessions Trial Sri P. K. Dixit, Officer In-charge Record Room, Bareilly, vide .his letter dated 12.2.1982 informed this court that it was not possible to send the record of the case as it was not available and appeared to have been burnt in the fire. In view of the non-availability of the record efforts were made for reconstructing it. However, vide letter dated 25.1.1984 Sri V.N. Mehrotra, 1st Additional District and Sessions Judge, Bareilly, informed this Court that the record of ST. No. 181 of 1975 which had been destroyed in the fire as reported earlier could not be reconstructed in spite of all the efforts Accordingly, on 15.5.1984 this Court ordered for the hearing of the appeal.