' The appellant was convicted and sentenced to life imprisonment under section 302, P. P. C. In a trial held by the learned Additional Sessions Judge, Lyallpur, vide his judgment dated 2?-9-1977. He was also required to pay a sum of Rs, 2000 as compensation to the father of the deceased under section 544-A, Cr. P. C. He has sent a petition of appeal through Jail.
2. Record of the case was forwarded by the Sessions Judge, Lyallpur to the office of this Court on 10-1-1976 vide registered letter No, 15/R. K. The record was however, not received by the office. On further enquiry it transpired that the record of the case was burnt at Lahore General Post Office between night 11/12-1-1976. Steps were then taken to reconstruct the record as required by rule 5, Chapter 19, High Court Rules and Orders Volume 4. The learned Sessions Judge, Faisalabad vide letter No, 39/R. K. Dated 26-1-1978 informed this Court that Mr. Muhammad Afzal Additional Sessions Judge was asked to reconstruct the record of the case who had shown his inability in the matter pointing out that he had contacted the concerned Police Station to produce the relevant record but it had reported that the police file was sent to this Court through General Record Room on 16-1-1976. Similar was the reply of the Committing Magistrate. (The police file and commitment file, both are available). He bad also sent for the complainant who took up the position that he had no record with him. The only record available were the unattested copies of the statements of the witnesses recorded by the Committing Magistrate.
The case was then put up before me on 29-3-1978. I asked the Sessions Judge, Faisalabad, indicating some guideline, to make one more effort to reconstruct the record. I had indicated in my order that he should record the statements of the learned defence counsel and the learned Public Prosecutor who conducted the trial of the case, to find out if the record could be reconstructed.
Steps were once again taken by the learned Sessions Judge. An intimation has been sent to this Court vide Endt. No, 156/R. K. Dated 10-5-1978. In his renewed effort, the learned Additional Sessions Judge, summoned the Sub-Inspector of the concerned Police Station together with the A. P. P. And the defence counsel. None of them could assist in the reconstruction of the record. In this view of the matter, I am therefore satisfied that it would not be possible to reconstruct the record.
3. Appeal is a vested right of a convict. In the absence of the record it is not possible for this Court to dispose of the appeal on merits. I have therefore no option but to set aside the conviction and sentences awarded to the appellant. Since, the appeal has not been disposed of on merits, I remand the case to the learned Sessions Judge, Faisalabad for re-trial. The appellant is in custody since, 1973. The learned trial Judge may consider"' the question of bail on the ground of delay if moved in this behalf by the appellant.
4. The police file and the committing record be sent back to the learned Sessions Judge, Faisalabad.