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NALIN KUMAR SRIVASTAVA
Ram Singh – Appellant
Versus
State – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. This criminal appeal has been preferred by the appellant -Shri Ram Singh against the judgement and order dated 30.09.1982 passed by Session Judge, Ballia in Session Trial No.37 of 1982 (State Vs. Shri Ram Singh and another) under Section 302/201 IPC, Police Station Garwar, District Ballia convicting and sentencing the appellant for the offence under section 201 IPC to undergo 4 years rigorous imprisonment.
2. Heard Sri R.K. Kanaujiya, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.
3. A pertinent question involved in this appeal is as to if the original record of the trial court is not available before the Appellate Court, what legal consequence would ensue.
4. Learned counsel for the appellant has prayed for acquittal of the sole surviving appellant Shri Ram Singh, as the entire record (except the original judgment and order of the trial court) of this case has been weeded out as per report of District Judge, Ballia and now hearing of this Appeal is not possible for want of record. The present appeal pertains to year 1982. In view of all these facts particularly considering the fact that this app
In absence of vital trial records, a conviction cannot be sustained, leading to acquittal.
The perusal of trial court record is necessary for deciding the appeal, and in the absence of record, the appellate court may order retrial or close the matter for want of record.
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 ....
The appellant's conviction was set aside due to the lack of essential trial records, highlighting the right to a fair appeal and presumption of innocence.
In absence of proper records, a court cannot comply with statutory procedures, necessitating acquittal.
The appellate court cannot affirm convictions without perusal of essential trial records; absence of records violates fair legal procedure.
A retrial ordered in an appeal against conviction is impermissible without a request from the convict, reaffirming that appellate courts cannot enhance sentences absent an appeal from other parties.
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