Allahabad High Court
Shri Ram And Another vs State on 1 May, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:78169
Court No. - 87
Case :- CRIMINAL APPEAL No. - 1259 of 1981
Appellant :- Shri Ram And Another
Respondent :- State
Counsel for Appellant :- S.Hajela
Counsel for Respondent :- A.G.A.
Hon'ble Samit Gopal,J.
1. List revised. No one appears on behalf of the appellants to press this appeal. Sri Ajay Singh, learned AGA-I for the State is present and have been heard and perused the records.
2. The present appeal has been filed before this Court by the appellants Shri Ram and Shyam Sunder against the judgment and order dated 19.05.1981 passed by the Vth Additional Sessions Judge, Muzaffar Nagar in Session Trial No. 37 of 1980 (State of U.P. Vs. Sri Ram and another) convicting and sentencing the appellants under Section 307/34 IPC to three years R.I.
3. The trial court records were summoned which were received and tagged with the records of the appeal as per office report dated 20.12.2019. The report of the Registrar (J) (Listing) dated 29.01.2020 shows that the trial court records as received consist of index, order sheet, judgment and copy of the committal order and the rest of the records have been weeded out. A Bench of this Court vide order dated 15.09.2021 directed the District Judge concerned to explain whether rest part of the file has been weeded out in accordance with procedure or not and if not, then what action has been taken against the responsible person. The District Judge concerned reported that the records of the case have been weeded out and the person responsible has died. The District Judge concerned was directed to explore the possibility of reconstruction of the records or in the event, the same is not possible, the possibility of retrial in the matter and send a report to the said effect within one month from today vide order dated 25.05.2022.
4. Further, as per office report dated 01.04.2023 a report of the CJM concerned has been received stating that only the index and the trial court judgment is available but the other records have been weeded out. The District Judge concerned vide its letter dated 02.07.2022 has reported that reconstruction of the trial court records is not possible. Vide order dated 02.02.2024 a co-ordinate Bench of this Court notice was issued to the sureties of the appellants through CJM concerned in response of which as per office report dated 19.04.2024 CJM concerned has reported that the bail bonds of the appellants also could not be traced out. It was further reported that the trial court records have been weeded out. The District Judge concerned has reported that reconstruction of the same is not possible.
5. Perusal of the judgment and order impugned goes to show that the incident in the matter is of 08.06.1978 it is 46 years since then. The responsible person who was responsible for weeding out the records is also dead and as such he could not be proceeded for. The judgment and order impugned is dated 19.05.1981 it is 43 years since then. The possible of reconstruction of the records has been negated by the learned Sessions Judge. Sending the matter for retrial after 46 years of the incident also could be of no purpose.
6. In view of the same, since the trial court records have been weeded out, the reconstruction of the same has been reported by the trial court to be not possible and looking to the fact that the occurrence in the matter is of the year 1978 which is of about 46 years before, this Court considers it expedient in the interest of justice to allow the appeal.
7. The appeal is allowed. The judgment and order dated 19.05.1981 passed by the Vth Additional Sessions Judge, Muzaffar Nagar in Session Trial No. 37 of 1980 is set aside. The appellants Shri Ram and Shyam Sunder are acquitted of the charge levelled against them. The appellants are on bail. Their bail bond are cancelled and sureties discharged.
8. Office is directed to transmit the copy of this judgement to the trial court forthwith for its compliance and necessary action.
Order Date :- 1.5.2024
M. ARIF
(Samit Gopal, J.)
