MADHUSUDAN PRADHANI ALIAS META Vs. THE STATE

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302, Indian Penal Code, and sentenced to imprisonment for life by an order dated 17 -4 -1962 of the Sessions Judge, Koraput -Jeypore, in Sessions Case No. 32 of 1961, for having committed the murder of one Kusa Domb on 29 -3 -1961.

(2.) AT the trial the accused pleaded not guilty to the charge.

(3.) THAT such a reconstitution of records is permissible and the Court can proceed on the basis of such reconstituted records cannot be disputed in view of a Full Bench decision of the Madras High Court reported in Marakarutti and Ors. v. Veeran Kutti and Ors., I.L.R. Mad 674 where it was held that when a Court loses its records, e.g., by accident, it has inherent power to reconstruct them and a Court hearing an appeal from the judgment of the first Court, has also inherent power to reconstruct the records lost in the first Court, or the appellate Court can, in such a case, call for a finding from the first Court as to what the records were; the method of reconstruction being by means of affidavits, counter -affiidavits, hearing of witnesses, the admission of copies etc. In fact we had no difficulty to proceed with this appeal on the basis of the reconstituted records had the records been complete and certified copies of the depositions of witnesses and other relevant secondary evidence been available. But unfortunately no such evidence is available here.