JUDGMENT

S.P. Kurdukar, J.-Two separate trials resulting into convictions of the appellant arising out of an incident dated August 3, 1989 have given rise to these two appeals. Criminal Appeal No. 735 of 1991 arose out of T & (P) S Case No. 31 of 1990 wherein the appellant was tried and convicted for an offence punishable under Section 25 of the Indian Arms Act but acquitted of an offence under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA ).

Transferred Case (Crl.) No. 1 of 1995 arose out of Sessions Case No. 15 of 1990 wherein the appellant and Parkash were tried for an offence punishable under Section 307/34 of the Indian Penal Code. Both these cases were tried by the same Additional Sessions Judge, but in two different capacities, one as an Addl. Judge, Designated Court, Faridabad at Narnaul and another as an Addl. Sessions Judge, Narnual. To be more precise, T & (P) S Case No. 31 of 1990 was tried before the Designated Court whereas Sessions Case No. 15 of 1990 was tried before the Addl. Sessions Judge, Narnaul. It may also be stated that preceding this appeal, the investigation was common and some of the material witnesses were