Lala Ram v. State

Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

The present appeal is of the year 1987.

When the case is called out, no one is present to press the appeal.

This Criminal Appeal has been preferred against the Judgment and order dated 09.01.1987 passed by Additional Sessions Judge in Session Trial No.430 of 1985, State Vs. Lala Ram and others convicting and sentencing the applicant to under 10 years R.I. u/s 460 IPC.

We have perused the record.

On 11.11.2024, following order was passed:- "As per the report of the District Judge Etawah dated 16.7.2024, we have been made aware that the reconstruction of the record of the case is not possible. It is to be examined by the District Judge, Etawah as to whether a retrial is possible in the matter or not, as per the decision of the Hon'ble Supreme Court in the case of State of U.P. vs. Abhay Raj Singh, reported in 2004 (4) SCC 6. A report be sent in that regard. List this case on 10.12.2024."

On 10.12.2024, following order was passed: "As per the report of District Judge, Etawah dated 02.12.2024, we find that the report has been sent on the basis of the fact that since the records were not available, therefore, reconstruction of records were not possible, consequently, retrial of the case was also not possible. It is not even clear from the records as to whether the accused and the first informant were contacted. Learned District Judge, Etawah to make all possible endeavors to contact the accused and the first informant and a report be sent as to whether retrial of the case is possible after contacting them. List this case on 07.01.2025."

On 07.01.2025, following order was passed: "1. Perused the office report and the letter dated 04.01.2025 sent by the District Judge, Etawah seeking further time for sending report regarding re- construction and possibility of re-trial in the present case.

2. Office is directed to send a reminder to the District Judge, Etawah.

3. List on 23.01.2025."

Pursuant to the aforesaid orders, learned Additional District and Sessions Judge, Court No. 7/Special Judge (N.D.P.S. Act), Etawah has sent a report dated 07.01.2025, according to which the informant Ganga Ram and his sons, namely, Ram Kishore and Arjun Singh have appeared before the Court and made a statement that he died on 04.10.1999 and supplied the death certificate and further stated that they are not having any record of the case. The appellant is also not having any record of the case. The concerned police station, S.S.P. Etawah, and D.G.C. (Criminal Etawah) were also contacted and they submitted that reconstruction of record is not possible and re-trial of the case is also not possible.

We have considered the identical issue as to whether in absence of trial court record appeal can be decided or retrial is possible after a long gap of time in Mauji Lal Vs. State 2022 (119) ACC 522 (DB) wherein entire case law including judgement of Hon'ble Apex Court in State of U.P. Vs. Abhay Raj Singh 2004 (50) ACC 691 (SC) has also been relied on.

In view of the judgment of the Apex Court in the Case of State of U.P. Vs. Abhay Raj Singh (Supra), it is not possible either to get the record of the present case reconstructed or retrial as the record has been weeded out in accordance with law. Hence, in view of above stated position of law when record of the trial court is not traceable and reconstruction or re-trial is also not possible, the appeal has to be allowed.

The appeal accordingly stands allowed. The impugned judgment and order of the trial court dated 09.01.1987 convicting and sentencing the appellant is hereby set aside and the appellant is acquitted of the charges levelled against him. The accused- appellant Lala Ram is on bail. His personal bond is cancelled and sureties are discharged.

Copy of this judgment be sent to the court concerned for necessary compliance. Order Date :- 23.1.2025 Shivani SHIVANI SRIVASTAVA High Court of Judicature at Allahabad