(1.) This is an appeal against the judgment and order dated 15-4-1978 passed by Sri S. K. Verma, the then Vth Additional District and Sessions Judge, Bareilly in S.T. No. 396 of 1975, whereby he has convicted the accused-appellants Hira Lal, Pathi Ram and Bankey of the offence under Section 307/34 IPC and sentenced each one of them to undergo R.I. for a period of 4 years.
(2.) Heard the learned counsel for the appellants and the learned A.G.A.
(3.) In this case, as per the report of the District Judge, the trial Court record was not available and the record could not be reconstructed and only the case diary of the police relating to the case could be available which could be of no avail for deciding this appeal on merits.