Deena Nath and Others vs State of U.P.

G.S.N. Tripathi, J.—This appeal arises out of judgment and order dated 17.3.79 passed by the then IXth Addl. Sessions Judge, Bareilly in S.T. No. 91 of 1977 of that district, State v. Deena Nath and six Ors.

Deena Nath and Raja Ram were held guilty on a charge u/s 307, I.P.C. and ordered to suffer R.I. for a period of 5 years. Chhadammi and Munna Lal were held guilty on a charge u/s 307/34, I.P.C. and ordered to suffer R.I. for a period of 4 years. Accused Sita Ram and Dal Chand were found not guilty of any charges levelled against them and they were accordingly acquitted.

The accused, who have been convicted by the learned lower Court have preferred this appeal.

After the passing of this judgment, a fire accident took place in the record room of Bareilly Judgeship and several records, including original record of this case were burnt. Report was called for from the Court of Sessions Judge, Bareilly, who has reported that it is not possible to reconstruct the record as everything has been lost.

In this view of the matter, this Court is not in a position to evaluate the evidence in this case after going through it. under these circumstances, the only option left to this Court is to allow this appeal and set aside the order of conviction and sentence.

The appeal is allowed. The judgment and order dated 17.3.79 passed by the learned Addl. Sessions Judge is set aside. The accused are held not guilty. They are on bail. Their bail bonds and surety bonds are discharged.