JUDGMENT

B.N. Agrawal, J. —

1. Criminal Appeal Nos. 949 and 838 of 2007 arise out of the impugned common judgment of conviction rendered by the High Court after reversing the order of acquittal passed by the trial court in Sessions Trial No. 379 / 1996, whereby, appellants Asif Mamu and Mukhtiyar Malik @ Javed, besides accused Rajiulla Khan and Sheru @ Sher Khan Nepali [in short “Asif”, Mukhtiyar”, “Rajiulla” and “Sheru”, respectively] were acquitted. Criminal Appeal No. 718 of 2007 arises out of the said common judgment of conviction passed by the High Court after reversing the separate judgment passed by trial court in Sessions Trial No. 383/96 acquitting eight accused persons, namely, Muzaffar Hussain @ Munne Painter, Mazhar Hussain [in short, “Munne Painter” and “Mazhar”, respectively], Badshah, Sadiq, Sajid, Haseen @ Mohasin, Guddu Jadugar @ Mehtab @ Ganja [in short, “Haseen” and “Guddu”, respectively] and Salim Kela. These two sessions cases were case and counter case, tried one after the other by the same court, separate evidence was recorded therein and disposed of by separate judgments. As such, we proceed to consider cases of accused persons in the two trials separately.

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