Hon’ble Rajesh Chandra, J.—Accused appellant Brahmanand Shukla has filed

this appeal against the judgment and order dated 23.9.1981 passed by the Sessions Judge, Allahabad in S.T. No. 18 of 1980, State v. Brahmanand and others, convicting and sentencing the accused appellant with imprisonment for life for the offence under Section 302 IPC.

2. At the outset, it is proper to mention that after filing of the appeal, the original record of the Sessions Trial was summoned from the District Court, Allahabad. The District Judge reported that the file is missing and attempts are being made to trace the file. Ultimately when the file could not be traced, this Court vide order dated 18.7.2008 in view of the judgment of Hon’ble the Apex Court in State of U.P. v. Abhay Raj Singh, AIR 2004 SC 3235, ordered the District Judge, Allahabad to take steps for reconstruction of the record by calling for the documents if are available with the police, the complainant, the accused and the D.G.C. The record shows that the Additional District & Sessions Judge vide letter dated 24.10.2008 informed this Court that the D.G.C.(Criminal), the accused and the police station concerned could not make any do