Court No. - 15
Case :- CRIMINAL APPEAL No. - 1911 of 1979 Appellant :- Roshan And Others Respondent :- State Of U.P.
Counsel for Appellant :- P.C. Jhingan Counsel for Respondent :- A.G..A
Hon'ble Ifaqat Ali Khan,J.
Called in revise. None is present for appellant whereas learned AGA Sri Pradeep Kumar is present for the State. As per report of District Judge, Bareilly reconstruction of the lower court is not possible and it is a very old case, therefore, its re-trial is also not possible.
Under such circumstances placing the reliance on the pronouncement of Hon'ble Supreme Court in State of U.P. Vs. Abhai Raj Singh and Another (2004) 4 (SC) Cases 6, pronouncement of Hon'ble Allahabad High Court in Babu Ram and Others Vs. State of U.P. 2016 Vol. (3) GIC Page 17 and pronouncement of Hon'ble Supreme Court Sita Ram and others Vs. State of Uttar Pradesh 1980 SCC OnLine All 531 : (1981) 7 ALR 23 : 1980 AWC 585 : 1981 Cri LJ 65. I come to this conclusion that in these peculiar circumstances this appeal deserves to be allowed.
Hence this appeal is allowed. The judgment and order dated 11.6.1979 passed by Additional Sessions Judge, Vth, Bareilly in ST No. 305 of 1978 and 306 of 1978 (Both held jointly) convicting the appellants under sections 148 IPC and 324 IPC read wth section 149 IPC, police station Izzat Nagar, district Bareilly is set aside.
Appellant Roshan, Devi, Preetam, Ram Kumar, Dev Pal, Sukhey, Pradeep and Kahar are acquitted acquitted from aforesaid charge. Their personal bond and bail bonds are cancelled and sureties are discharged. File be consigned.
Order Date :- 26.4.2018 SKS