Conviction

Heard Sri S. K. Mishra, learned counsel for appellant and Sri L. D. Rajbhar, learned A.G.A. appearing for the State.

2. The present Criminal Appeal has been preferred against the judgment order dated 16.10.1982 passed by VIIIth Additional Sessions Judge, Mainpuri in S.T. No.81 of 1979 convicting the appellant for a period of two years under section 148 I.P.C. and for a period of two years under section 429 I.P.C. and for a period of 4 years under sections 307/149 I.P.C.

3. As per office report dated 10.10.2012 in compliance of Court's order dated 10.9.2012 two letters/reports dated 10.5.2012 flagged as "D" and "E" sent by the District and Sessions Judge Mainpuri which is available on record.

4. It transpires from the order sheet of this case that the records of the court below have not been received by the Registry of this Court and it was reported that the records are missing. The matter was taken up in the year 2007 and after noticing the report this Court passed an order on 19.09.2007 calling upon the District Judge to take action against the concerned official entrusted with the responsibility of maintaining the records and further a report regarding reconstruction of the file be also submitted within one month. The District Judge, thereafter has sent a report in the year 2007 itself that an inquiry has been set up for the loss of record against the concerned Assistant Record Keeper and the reconstruction has also been ordered. On 10.9.2012 the matter again came up before this Court after 2007 and this court on the said date directed the learned District Judge, Mainpuri to submit its report with respect to reconstruction of record and further inform this Court about the status of inquiry of initiated against the concerned official by the next date. Learned District Judge was also directed to take notice of the Judgment of the Apex Court in the case of State of U.P. Vs. Abhay Raj Singh reported in 2004 (50) ACC Page 691 and to review the matter seriously or else this Court will have to take appropriate action in the matter and further directed that the matter be listed listed on 15.10.2012. Thereafter, in pursuance to order dated 10.9.2012 passed by this Court the matter is listed for orders.

5. From perusal of the letter/report dated 05.10.2012 Flag "D" of the District Judge regarding reconstruction of the record of Session Trial No.81/1979 State Vs. Brij Mangal Singh and others under sections 148, 429 and 307/149 I.P.C. P.S. Bhongaon, District Mainpuri, it has been reported by the District Judge vide letter No.1531/XV that Sri Sunil Kumar, Additional District Judge, Court No.4, Mainpuri was entrusted with respect to reconstruction of the lost record of the lower court and submitted a report dated 25.9.2012, after a detailed inquiry, to District and Sessions Judge, Mainpuri who has further reported that as per the report of Sri Sunil Kumar it is amply clear that after a detailed proceedings encompassing every possible efforts, was carried out in order to reconstruct the file of S.T. No.81 of 1979. But inadvertently neither the original reconstruction report nor any photocopy of the reconstruction, is on the file of the inquiry. Though neither the original reconstruction report nor its copy is available on record, it transpires that despite all possible efforts, reconstruction of the file of S.T. No.81 of 1979 State Vs. Brij Mangal Singh & others, could not be found possible. Photostat copy of Report of Sri Sunil Kumar, A.D.J. Court NO.4, Mainpuri is annexed with the report of the District and Sessions Judge along-with the letter dated 5.10.2012, which is also available on record.

6. So far as, the steps taken by the District and Sessions for initiating inquiry for the loss of record of S.T. No.89 of 1979 and the concerned official who was responsible for the loss of said record of lower court, it has been reported by the District and Sessions Mainpuri vide letter No.1532/XV dated 5.10.2012 which is marked a