ASHRAF SHAH Vs. STATE

JUDGEMENT

(1.) IKRAM-ul-Bari, J. The appellants Ashraf Shah, Nathoo and Ram Behari alias Murgaha Pandit were convicted by the IXth Addl. Sessions Judge, Bareilly, of the offence punishable under Sections 399,402 and 326, IPC and were sentenced to various periods of rigorous imprison ment.

(2.) IT was, however, reported that the record of the case burnt in the incident of fire in the record room of the District Judge, Bareilly, in the year 1979. On 11-12-1995 the District Judge, Bareilly, informed this Court that the efforts to reconstruct the record could not succeed and it is not possible now to reconstruct the record of the case.

(3.) THEREFORE, the appeal is to be al lowed and the order of conviction and sentence under appeal is set aside. The appellants are acquitted of the charges under Sections 399,402 and 326. .