SACHITANAND Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal arises from the judgment and order dated 25.9.1981 convicting the appellant under Section 304, I.P.C. and sentencing him to 7 years R.I. in Session Trial No. 88 of 1981, State v. Janardan Singh and another.

(2.) The entire record of the Court below could not be traced out and, therefore, paper book could not be prepared. Several letters for reconstruction of the lower Court record failed to yield any result. Several orders as well as letters of the District Judge, Ballia and report of the Chief Judicial Magistrate, Ballia are available on record but the record could not be traced out or reconstructed. No document proved and exhibited are available. The complainant of the case is also reported to be dead in the letter dated 5.10.2007 sent by Sri Virendra Singh, the then District Judge, Ballia. No document is available in the office of S.H.O., Bansdih, District Ballia, therefore, even an order of reconstruction or retrial was fruitless. In the aforesaid letter, it was also apprised that Sri Badre Alam who was found to be the main culprit, has already been punished by deduction of pension of 2% in every case.

(3.) This appeal pertains to the year 1981 and the incident is also of February, 1981, Police Station Bansdih, District Ballia, therefore, keeping the appeal pending is also of no use.