JUDGMENT :

Shree Prakash Singh, J.

1. Heard Sri S.D.S. Jadaun, learned counsel for the appellants and Sri L.D. Rajbhar, learned A.G.A. for the State.

2. This appeal has been preferred against the Judgment and order dated 6.3.1980 passed by Second Additional Sessions Judge, Non-Metropolitan Area, Kanpur in Sessions Trial No. 189 of 1978, convicting and sentencing the appellants no.1 and 2 to undergo imprisonment for life under Section 302/34 I.P.C. and to undergo one years rigorous imprisonment under Section 323/34 I.P.C.; and further convicting and sentencing the appellant no.3 to undergo one year rigorous imprisonment under Section 323/34 I.P.C.

3. Perused the record. From the perusal of the order sheet, it is evident that on 9.2.2015, the lower court record was summoned. Later on, after certain correspondence, it was reported by the office on 7.11.2019 that the Record Room, Kanpur Nagar, vide report dated 31.10.2019, informed through the C.J.M. concerned that the lower court record in Sessions Trial No. 189 of 1978 is not available and the departmental enquiry in this regard has been initiated. Thereafter, on 21.1.2020, the District Judge, Kanpur Dehat, vide covering letter dated 21.