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VIVEK KUMAR BIRLA, SHREE PRAKASH SINGH
Mauji Lal – Appellant
Versus
State of U. P. – Respondent
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.
If only reconstruction is not possible to facilitate the High Court to hear and dispose of the appeals and the further course of retrial and fresh adjudication by the Sessions Court is also rendered ....
In absence of vital trial records, a conviction cannot be sustained, leading to acquittal.
Re-trial should only be ordered in exceptional circumstances where the trial was vitiated by serious illegalities or irregularities, or where the prosecutor or accused were prevented from tendering m....
The appellate court has the authority to admit additional evidence but must do so according to procedural law, ensuring fairness and compliance with defined legal requirements.
The main legal point established in the judgment is that the appellate court is obligated to hear the appellant or their counsel and go through the records before disposing of the appeal, as per the ....
The appellate court may remand a case for retrial if the trial court fails to consider vital evidence, ensuring justice is served.
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