Neutral Citation No. - 2025:AHC:111127 Court No. - 84 Case :- CRIMINAL APPEAL No. - 1750 of 1983 Appellant :- Har Govind And Others Respondent :- State of U.P. Counsel for Appellant :- Akhilesh Singh,R.D.Dauholia,Shivam Yadav Counsel for Respondent :- A.G.A. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. 2. Appeal on behalf of appellant nos. 3 to 5, Behari, Sripat and Kammod have already been abated vide order dated 10.02.2020 due to their death. 3. As per report of District Judge, Jhansi dated 10.09.2020, original record has been weeded out except the original judgment and the reconstruction is also not possible. 4. In the present case the incident took place in the year 1978 and trial was concluded in the year 1983. Now after lapse of 47 years from the date of incident, retrial of the case can also not be said to be possible. 5. In view of observation made by Hon'ble Apex Court in the case of State of U.P. Vs. Abhai Raj Singh and another, 2004 Supreme Court Cases (Cri) 901 where reconstruction of the record was not possible to facilitate the hearing of appeal and further course of retrial and fresh adjudication by the Session Court was also rendered impossible due to loss of vitally important basic records, in that situation the matter was directed to be closed. 6. In the case of Jitendra Kumar Rode Vs. Union of India, 2023 SCC OnLine SC 485 where the relevant Trial Court record was not able to be reconstructed and retrial was not in the interest of justice and the time elapsed during pendency of appeal that was more than 28 years, the Hon'ble Apex Court set side the order and acquitted the accused/ appellants. 7. In considered opinion of this Court, in view of observation made by Hon'ble Apex Court in the aforesaid judgments, the appellants Har Govind and Laxman are hereby acquitted and appeal is allowed. 8. The judgment and order dated 29.07.1983 passed by learned Special Sessions Judge, Jhansi is hereby set aside. Order Date :- 7.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad