ROSHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the order and judgment passed by Mr. S. K. Varma, the then Vth Additional Sessions Judge, Bareilly, on 16-2-1978. The learned Judge had disposed of by this order, Session Trial No. 638 of 1976 of his court. He had convicted the appellants on a charge under section 302/149 IPC and had sentenced each one of them to life imprisonment. He had additionally convicted each one of them on a charge under section 148 IPC and sentenced each one erf them to two years' rigorous imprisonment, directing both the sentences to run concurrently. It was brought to the notice of the Court that the lower court's file and all the relevant papers in respect of this case had been burnt out in a fire that took place in Bareilly Judgeship. A report was called for from the District Judge, Bareilly and vide his letter No. 55V(S) dated May 6, 1981 he enclosed a list of about 145 cases of which the records have been burnt out and the present case (Criminal Appeal No. 511 of 1978, arising out of Session Trial No. 638 of 1976, decided by the Vth Additional Sessions Judge of Bareilly, on 16-2 1978) finds mention at serial no. 18 of his list. After this report an order was passed by this Court on 2-12-1982 directing the District and Sessions Judge of Bareilly to reconstruct the record and submit his report. THIS report has since been received and the Judge is of the view that reconstruction of the record is not possible as the accused persons have no papers in their custody and as the D.G.C. (Criminal) also reports that records of bis office were also burnt out.

(2.) UNDER these circumstances, sin.ce the original record is destroyed and its reconstruction is impossible, merely on the basis of the case diary which has been presented before us, it is not possible to decide the appeal on merits.

(3.) UNDER these circumstances, the appeal is allowed and the order of the court below convicting and sentencing the appellants is set aside and they are acquitted. They are on bail. Their bail bonds and sureties shall stand discharged. They need not surrender. Appeal allowed.