Neutral Citation No. - 2025:AHC:33487-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 3053 of 1985 Appellant :- Surendra Singh And Others Respondent :- State of U.P. Counsel for Appellant :- Braham Singh,V.P.Srivastava 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 8.11.1985 passed by VIth Additional Sessions Judge, Moradabad, in Sessions Trial No. 253 of 1984, under Section 302/34 IPC, Police Station Asmoli, 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 stating therein that in respect of retrial of Sessions Trial No. 253 of 1984, notices were issued to the informant and the accused appellants. It is further reported that informant-Hukum Singh, appellants, Jabar Singh and Inderpal Singh have died whereas appellant Surendra Singh and Rajendra Singh have stated that they do not have any paper relating to the aforesaid trial and therefore, reconstruction and re-trial of the record is not possible. 4. We have gone through the report dated 4.1.2025 submitted by the District Judge Moradabad annexing therewith the relevant documents on the basis whereof, the report as noted above has been submitted. 5. We find that the report submitted contains the notices issued to the accused and other persons and death certificate etc. have also been annexed. We also find that the notice in respect of enquiry (NJE No. 7 of 2018) was also conducted and concluded. 7. We have also gone through the reports submitted by the Additional Sessions Judge, Court No. 6, Moradabad dated 20.2.2021 and 10.3.2021 , according to which Surendra Singh, Jabar Singh, Rajendra Singh and Indrapal Singh, sons of Jabar Singh had appeared and submitted their affidavits to the effect that they do not have any documents of the aforesaid sessions trial and their Advocate Mr. S.N. Gupta is also dead. 8. In such view of the matter, it is quite clear that neither reconstruction of the record nor re-trial in the case is possible. 9. 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. 10. 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 8.11.1985 passed by VIth 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 retrial is also not possible, the appeal has to be allowed. 11. The appeal accordingly stands allowed. The impugned judgment and order of the trial court dated 8.11.1985 convicting and sentencing the appellants is hereby set aside and the appellants are acquitted of the charges levelled against them. The accused- appellants, Surendra Singh and Rajendra Sinigh are on bail. Their personal bonds are cancelled and sureties are discharged. 12. Appeal is allowed in above terms. 13. 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 Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad