Neutral Citation No. - 2025:AHC:33563-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 2709 of 1985 Appellant :- Bahoran Singh And Others Respondent :- State Counsel for Appellant :- Ashutosh Tripathi,R.P.S. Chauhan,Shiv Prakash Counsel for Respondent :- A.G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. This appeal has been filed against the judgment and order dated 4.10.1985 passed by Ist Additional Sessions Judge, Moradabad, in Sessions Trial No. 450 of 1980, under Section 302/34 IPC, Police Station Mainather, District Moradabad. 2. On 10.12.204, the following order was passed: "1. There is a report dated 15.3.2024 sent by the office of the District Judge, Moradabad, after looking into the records, that reconstruction of the records was not possible. 2. Whether retrial is possible after contacting the accused and the informant, be also reported. 3. List this case on 06.01.2025." 3. Pursuant to the order dated 10.12.2024, Office has submitted its report dated 4.1.2025, based on the report of the District Judge, Moradabad, according to which, reconstruction and re-trial of the record is not possible. 4. We have gone through the report dated 2.1.2025 submitted by the District Judge Moradabad annexing therewith the report dated 2.1.2025 submitted by the Additional District Judge, Court No. 1, Moradabad and the report dated 6.10.2020 sent by the Additional District & Sessions Judge, Moradabad to the effect that an enquiry No. 7 of 2018 was conducted in respect of reconstruction of the record and notices were issued to the accused persons and the report was submitted that appellant Bahoran Singh S/o Ram Sahai and Dori Singh S/o Ram Sahai are dead. Appellant Veerpal S/o Brij Lal had left the place about 30 years back after disposing of his property. None of the family member is living there. His one brother living in Moradabad was apprised of the matter. Accused Harpal was admitted in the hospital. Informant Mahavir Siingh and witness Ratan Singh have also died and no record was available with them. Counsel Sri Moti Lal Jain is also dead and no document could be made available. 5. In such view of the matter, it is quite clear that neither reconstruction of the record nor re-trial in the case is possible. 6. We have considered the identical issue as to whether in absence of trial court record appeal can be decided or retrial is possible after a long gap of time in Mauji Lal Vs. State 2022 (119) ACC 522 (DB) wherein entire case law including judgement of Hon'ble Apex Court in State of U.P. Vs. Abhay Raj Singh 2004 (50) ACC 691 (SC) has also been relied on. 7. In view of the judgment of the Apex Court in the Case of State of U.P. Vs. Abhay Raj Singh (Supra), it is not possible either to get the record of the present case reconstructed or retrial as the record has been weeded out in accordance with law, hence judgment and order dated 4.10.1985 passed by Ist Additional Sessions Judge, Moradabad as regards the accused person cannot be reversed. Hence, in view of above stated position of law when record of the trial court is not traceable and reconstruction or re- trial is also not possible, the appeal has to be allowed. 8. The appeal accordingly stands allowed. The impugned judgment and order of the trial court dated 4.10.1985 convicting and sentencing the appellants is hereby set aside and the appellants are acquitted of the charges levelled against them. The accused- appellants are on bail. Their personal bonds are cancelled and sureties are discharged. 9. Appeal is allowed in above terms. 10. Copy of this judgment be sent to the court concerned for necessary compliance. Order Date :- 7.3.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad