Munni Lal vs State of U.P.

Krishna Kumar, J.—This revision has been filed against the judgment and order passed by the Xth Additional Sessions Judge, Agra, whereby the appeal against the conviction and sentence passed by the City Munsif Magistrate, Agra on 15.2.1982 in State v. Munni Lal and Ors. Criminal Case No. 1868 of 1981,was confirmed.

The revision was filed in 1983 and is pending since then. During this period, it was found out that the record of the case had been weeded out in the Record Room of the Sessions Judge. A letter was sent by this Court to the Sessions Judge, Agra, for reconstruction of the record. The Sessions Judge, Agra vide his letter dated 12th January, 2,000, informed this Court that he made all efforts for reconstruction of the file and he stated that in the circumstances of the case, it is not possible that the record may be reconstructed.

The learned Counsel for the revisionist also states that he is only in possession of the copy of the judgment and other papers relating to the case are not in his possession. It is thus clear that the reconstruction of the record is not possible. In the circumstances of the case, the learned Counsel for the Appellant contended that the revision is liable to be allowed and the revisionist is entitled to acquittal in view of the decision of a Division Bench of this Court in the case of Ram Nath v. State (XIX) 1982 ACC 128, wherein it is mentioned that various attempts made to reconstruct the record failed and the material available on record was not sufficient to dispose of the appeal on merit and it was ordered that the accused be acquitted and no order of re-trial can be passed. In that case only 11 years have passed while in this case about 17 years have passed.

Considering the facts and circumstances stated above, the revision is allowed. The revisionist is acquitted. He is on bail. He need not surrender. His bail bond is cancelled and sureties are discharged.