Judgment

Arijit Pasayat, J.

1. In these appeals the question of seminal importance which arises is whether in exercise of power under Section 386 of the Code of Criminal Procedure, 1973 (in short "the Code"), the Appellate Court would be justified in directing acquittal, where the records of the Trial Court are not placed before it on some ground or the other. The Allahabad High Court by the impugned judgment directed acquittal, where the records of the Trial Court are not placed before it on some ground or the order. The Allahabad High Court by the impugned judgment directed acquittal of the accused persons (present respondents) who were appellants before it.

2. Background facts need be noticed are essentially as follows:

2.1 Accused persons faced trial for alleged commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). According to prosecution, Shakuntla Devi and Munni Devi were sleeping on the roof of the second storey of their house. Kanti Devi was sleeping on the open roof in front of the southern verandah on the first floor of the house. The main door of the house on the east was closed. There were no othe