CRIMINAL APPEAL No. 195 of 1983 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 195 of 1983 Satendra Singh .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Balram Jee Verma, Satyam Singh, V.C. Katiyar Counsel for Respondent(s) : Dga Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE PRASHANT MISHRA-I, J. 1. Heard learned counsel for the appellant and Mr. Vikas Goswami, learned Additional Government Advocate representing the State. 2. We find that the record in the case was called for by this Court on 10.08.2016. 3. Office report dated 22.08.2025 indicates that as per the letter dated 02.05.2018 of the District Judge, Kanpur Nagar, the trial court record is missing and it is not possible to reconstruct the record now despite best efforts. We are also of the view that the sessions trial, which had commenced in the year 1980, can not be retried now. 4. Under such circumstances, and in view of the law laid down by the Supreme Court in State of U.P. vs Abhai Raj Singh and another, (2004) 4 SCC 6, the instant appeal vis-a-vis appellant-Satendra Singh is allowed. The impugned judgment and order of conviction dated 13.01.1983 passed by learned Sessions Judge (Non- Metropol