Supreme Court · 2004 INSC 142 · Decided 8 March 2004
State of U.P v. Abhai Raj Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 142 · [2004] 2 S.C.R. 818
- Case number
- CRIMINAL APPEAL No. 1243/1997
- Decided
- 8 March 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; CrPC Section 385, 386
Headnote
Code of Criminal procedure, 1973; Sections 385 and 386/Penal Code, I 860; Section 302 rlw Section 34: C Murder-Conviction of accused by trial Court-Appeal admitted-High Court called for records of the case-Trial Court informing that records were not available as destroyed in fire-High Court possible for trial Court to reconstruct the record, thus mandate of law contained in Sections 385 and 386 Cr.P.C. could not be complied with, and directed D acquittal of the accused-On appeal, Held: High Court could further explore the possibility of reconstructing the records to effectively
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