V.P. Tyagi, J.-These are two appeals filed by Sukan Raj against the judgments both dated 18th December, 1964 in two separate sessions trials Nos. 8 of 1963 and 9 of 1963, convicting the accused appellant for offences under Sections 409, 467 and 468 I. P. C. in case No. 9 of 1963 and under Sections 471 and 477-A. I. P.

C. in case No. 8 of 1963 and sentencing him to two years’ rigorous imprisonment under each count in both the cases but it has been ordered that the sentences of imprisonment awarded in both the cases under all counts shall run concurrently.

2. It is needless to state the prosecution case as both the appeals can be disposed, of on the question of illegality committed by the trial judge in recording the evidence of the witnesses. It is urged by the learned Counsel for the appellant that five prosecution witnesses were examined in case No. 9 but their copies were taken as evidence in case No. 8, and similarly 26 witnesses were examined in case No. 8 but their copies were taken in case No. 9 and the Court while convicting the accused appellant passed its judgments in both the cases on such an inadmissible evidence which was never recorded by the Court in accordan