Narain vs State
2023 Latest Caselaw 18393 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:144363-DB
 
Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 2911 of 1982
 

 
Appellant :- Narain
 
Respondent :- State
 
Counsel for Appellant :- Dileep Kumar
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Ms. Nand Prabha Shukla,J.

1. Heard learned A.G.A.

2. This appeal has been filed by the sole appellant praying to set aside the judgment and order dated 09.11.1982 in Session Trial No.54 of 1982, passed by the Court of Second Additional Session Judge, Etawah, convicting the appellant under Section 302 I.P.C. and sentencing life imprisonment.

3. As per office report dated 02.02.2008 and the enquiry report no. 3 of 2023 of Addl. Sessions Judge Court No. 7, Etawah (paragraph 8 and 11) accompanying the letter No. 1809/I dated 7.7.2023 of the District Judge, Etawah, the sole appellant Narain has died. That apart, as per office report dated 19.07.2023 based on the report of the District Judge, Etawah, bearing letter No.1809/I, Etawah, dated 07.07.2023 and the enquiry report no. 3 of 2023 of Addl. Sessions Judge Court No. 7, Etawah, the record of the aforesaid Session Trial was weeded out on 03.08.1993 and no record relating to the aforesaid Session Trial is neither available in the District Judgeship nor in the record room of Superintendent of Police, Etawah, and, therefore, neither reconstruction of record is possible nor retrial is possible.

4. In view of the reports, as aforenoted, the appeal is dismissed as abated qua the sole appellant Narain.

Order Date :- 20.7.2023/vkg