Neutral Citation No. - 2025:AHC:12904-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 592 of 1984 Appellant :- Ram Singh Respondent :- State of U.P. Counsel for Appellant :- Viresh Misra,Aditya Rana,Krishna Kumar Patel Counsel for Respondent :- A.G.A. with Case :- CRIMINAL APPEAL No. - 250 of 1984 Appellant :- Mahendra @ Rajjoo Respondent :- State of U.P. Counsel for Appellant :- Viresh Mishra Counsel for Respondent :- Dga Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. The appeals are of the year 1984. 2. When the case is called out, no one is present in the present appeal as well as in the connected appeal. 3. Both the appeals have been filed by the accused-appellants who have been convicted and sentenced vide judgment and order dated 9.1.1984 passed by Sessions Judge, Moradabad in S.T. No. 50 of 1982, under Sections 302/34, 325/34 I.P.C., Police Station - Dilari, District - Moradabad. 4. We have perused the record since 2018, reminders are being sent to the court below for reconstruction of record. However, after conducting an inquiry, report no. 7 of 2018 was submitted that reconstruction of record is not available and one of the appellant- Ram Singh is dead and in respect of him, the appeal stood abated. Other co-accused- Mahendra @ Raju has left the case and Rajpal is found alive. As per report of In-charge Inspector, Dilari, not even a single document is available in respect of Sessions Trial Court. 5. This Court, on various occasions, made every possible effort for reconstruction of record. However, as per office report dated 18.12.2024, a report has been sent by the District Judge, Moradabad, wherein it is mentioned that none of the record related to S.T. No. 50 of 1982 is available at present and as such reconstruction or re-trial of the case is not possible. The leading appeal is surviving only in respect of appellant no.2- Raj Pal Singh s/o Ram Singh and even records of the same are not available. The living status report in respect of appellants in connected Criminal Appeal No. 250 of 1984 is still awaited. However, we find that no useful purpose would be served in keeping this appeal pending inasmuch as reconstruction or retrial is not possible. 6. We have gone through the report submitted by the District Judge, Moradabad. 7. In such view of the matter, it is quite clear that record of the relevant sessions trial is not traceable. 8. 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. 9. 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 judgement dated 9.1.1984 passed by 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. 10. The appeals accordingly stands allowed. The impugned judgment and order of the trial court dated 9.1.1984 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. 11. Appeals are allowed in above terms. 12. Copy of this judgment be sent to the court concerned for necessary compliance. Order Date :- 24.1.2025/Mohini Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad