Chet Ram And Others vs State Of U.P.
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Allahabad High Court

Chet Ram And Others vs State Of U.P. on 6 May, 2024

Author: Siddhartha Varma

Bench: Siddhartha Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80817-DB
 
Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 294 of 1984
 
Appellant :- Chet Ram And Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- P.N. Misra,Govind Saran Hajela
 
Counsel for Respondent :- Dga
 

 
Hon'ble Siddhartha Varma,J.
 

Hon'ble Vinod Diwakar,J.

1. Heard Shri G.S.Hajela, learned counsel for the appellant and Shri Amit Sinha, learned AGA for the State-respondent.

2. We find that the record in the case was called for by this Court on 30.01.1984 when the appeal was admitted.

3. Office report dated 9.04.2024 indicates that as per the letter dated 29.09.2023 of the District & Sessions Judge, Shahjahanpur, the record of the trial had got lost and that it was not possible to reconstruct the record now despite best efforts. We are also of the view that the sessions trial, which had commenced in the year 1984, can not be retried now.

4. Under such circumstances, and in view of the law laid down by the Supreme Court in State of U.P. v. Abhai Raj Singh and another, (2004) 4 SCC 6, the instant appeal vis-a-vis appellant nos. 1 and 2- Chet Ram and Pothi Ram is allowed. The impugned judgment and order of conviction dated 21.01.1984 passed by VIIth Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 430 of 1983 is set aside. Accordingly, the appellant nos. 1 and 2- Chet Ram and Pothi Ram are acquitted of the charges.

Order Date :- 6.5.2024

Ujjawal

(Vinod Diwakar,J.)(Siddhartha Varma,J.)