The 10 accused who are respondents in Government Appeal No. 663/78 were prosecuted under Sections 147/148/149/307/302, IPC in Sessions Trial No. 70 of 1977. The learned 1st Additional Sessions Judge, Bareilly by judgment and order dated 17-11-1977 convicted Aziz Khan under Section 304, Part T, IPC and sentenced him to undergo 10 years R. I. and other 9 accused were acquitted. Against his conviction, Aziz Khan has filed Criminal Appeal No. 2742 of 1977 while as the State has filed Government Appeal No. 663 of 1978 against the acquittal of 9 accused from all the charges as well as acquittal of Aziz Khan under Sections 148/149/307/302, IPC. Both the appeals are connected and are being disposed of by a common order.

2. The record of this case was burnt on account of fire in the Record Room in the district Court at Bareilly. By the order dated 16-12-1982 passed by this Court, Sessions Judge, Bareilly was directed to reconstruct the record. Thereafter, file of the case has been reconstructed on the basis of uncertified copies of statements of witnesses and typed copies of some judgments which were produced by the complainant Jhandu Khan. The record is still incomplete as