JUDGMENT :

Ramesh Sinha, J.

(1) The above-captioned appeals along with Criminal Appeal No. 589 of 1982 were allowed and all the appellants were acquitted by a Coordinate Bench of this Court vide judgment and order dated 17.09.1998 inter alia on the grounds that all the records including those which were called for from the trial Court, were found missing in the High Court and it would not be appropriate to proceed on the basis of carbon copies supplied by the complainant.

(2) Against the aforesaid judgment and order dated 17.09.1998, the de facto complainant, namely, Kunwar Bahadur Singh had approached the Hon’ble Supreme Court by filing Criminal Appeal No. 1078-1083 of 2000 arising out of SLP (Crl.) Nos. 1459-1463/99, whereas State of U.P. had also approached the Hon’ble Supreme Court by filing Criminal Appeal Nos. 1083-1086 of 2000 arising out of SLP (Crl.) Nos. 1928-31/99. The Hon’ble Supreme Court had heard the aforesaid criminal appeals together with as the common question as to whether the High Court erred in law in not disposing of the said appeals filed by the respondents on merits on the basis of the reconstructed records, was raised. After considering the submissions advance