JUDGMENT :

PRASHANT KUMAR MISHRA, J.

1. Four accused persons namely, Mohd. Yunus (A1), Mohd. Jamil (A2), Ghasita (A3) and Akhtar Hussain (A4) were sent for trial for the same incident which occurred on 09.01.1999 causing death of Akbar (deceased) and injuries to Deenu (PW-1), Ahmad (PW-2) and Harun. Initially, accused nos. 1, 2 and 3 were tried in Sessions Case No. 12 of 1999 arising from FIR No. 10 dated 09.01.1999 of Police Station Nuh, Haryana in which they were convicted for offences under Sections 302 and 323 read with Section 34 of the Indian Penal Code, 1860¹ [for short ‘IPC’] while acquitting them of the charge under Section 325 read with Section 34 of the IPC. During the pendency of the trial against first three accused, the prosecution moved an application under Section 319 of the Code of Criminal Procedure, 1973² [for short ‘Cr.P.C.’] which was allowed by the Trial Court on 02.11.1999. While the first trial was decided on 25.07.2001, when accused Akhtar Hussain was absconding, he was tried separately after he surrendered, and charge sheet was submitted on 01.04.2003. The trial against Akhtar Hussain in Sessions Case No. 112 of 1999 dated 29.08.2003 was decided on 05.10.200