JUDGMENT Mohd. Tahir, J. This criminal appeal has been filed against the judgment and order dated 20.05.1985 passed by First Additional Munsif Magistrate in case no. 147 of 1985, arising out of case crime no. 247 of 1984, Police Station- Chandausi, District- Moradabad. By the impugned judgment and order, the learned trial court acquitted the accused-respondents Ram Avtar, Anil Kumar and Raju of the charge under section 326/34 I.P.C. 2. I have heard the learned counsel for the State, learned counsel for the respondents and perused the record. 3. This appeal was admitted for hearing vide order dated 04.05.1987 and in this appeal lower court record was summoned. 4. According to the report of the District Judge Moradabad dated 18.09.2015, the lower court record was not traceable and the reconstruction of the same was also not possible. 5. The incident of the case in question relates to the year 1984. Thus almost 31 years have elapsed since then and no original documents are available. In such circumstances directing for retrial would also be exercised in futility and it is quite possible that the witnesses of fact and even formal witnesses may not be available today for deposing further. Even if they are available, recollecting of the facts of an incident which took place about 31 years ago would be very difficult. So following the law laid down by the Apex Court in the case of State of U.P. Vs. Abhai Raj Singh and another reported in 2004(2) JIC 337 (SC) and Division Bench judgment of this Court in Brahmanand Shukla Vs. State of U.P. reported in LAWS (ALL)-2010-4-14, I do not find any reason to continue with this appeal and the only result of this appeal can be dismissal. The appeal is, accordingly, dismissed.