Kesari and Ors vs State of U.P.

V. P. Mathur, J.—These two appeals arise out of the same judgment passed by Mr. S. K. Verma, the then Vth Additional Sessions Judge of Bareilly in Sessions Trial No. 611 of 1976. The learned Judge convicted Kesari, Ratanlal, Manki, Lekhraj, Choori, Pooranlal and Chain Sukh all the appellants of Criminal Appeal No. 2869 of 1977 and Sultan of Criminal Appeal No. 2887 of 1977 on charges under Sections 302/149, 307/149/147 under Section 323/149 I. P. C. and sentenced each of them to life imprisonment on the first count, to five years'' rigorous imprisonment on the second count, one year''s rigorous imprisonment on the third count and six months'' rigorous imprisonment on the fourth count. He directed all the sentences to be concurrent.

The District Judge, Bareilly was called upon to submit the entire record of the case to this Court and a letter dated 1991981 was sent for that purpose. A report has been received from the District and Sessions Judge, Bareilly. It is dated 1/6101981 and bears No. 134/VMemo/Records. He reports that the records are reported to have been destroyed in the devastating fire which broke out in the Record Room in the month of November, 1977.

Under these circumstances, the lower court''s record could not be obtained and without the same, the appeal cannot be heard on merits. It appears that the reconstruction of the record is also not possible, inasmuch as original documents have all burnt out.

Under these circumstances, both the appeals stand allowed and the conviction of the appellants and sentences awarded to them are hereby set aside. They are on bail. They need not surrender. Their bail bonds and sureties shall stand discharged.

Appeals allowed.