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2015 (12) TMI 1709 - HC - Indian LawsConviction and sentence passed by 5th Additional District and Sessions Judge, Bijnor in Session Trial under sections 147, 148, 302/149 IPC - Held that:- Since inspite of best efforts neither reconstruction of record is possible nor re-trial is possible, hence, the criminal appeal cannot be decided on merit in absence of relevant prosecution papers including the statement of witnesses and as such there is no option but to set aside the impugned judgment of conviction. In view of the fact, the judgment and order of conviction and sentence dated 16.10.1981 passed by 5th Additional District and Sessions Judge, Bijnor in Session Trial No. 350/79, under sections 147, 148, 302/149 IPC, P.S. Chandpur, District Bijnor, is hereby set aside.
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