1. These two appeals are directed against the judgment and orders dated 23.11.2005 and 15.10.2007 passed by the Sessions Judge, Udhampur in File No. 38/Sessions and 62/Sessions respectively, acquitting the appellants of the charge under Section 302/34 RPC. The case arose out of FIR No. 64/2002 registered at Police Station Rehmbal.

2. At the outset, it would be appropriate to mention here that after filing of the charge sheet, the trial was concluded against two of the accused persons as the third accused, namely, Naresh Kumar, absconded and was proceeded under Section 512 Cr.P.C. The charge was accordingly framed against the other two accused persons under Sections 302/34 RPC and 4/25, 5/25 Arms Act and they were accordingly tried. After their acquittal vide order and judgment dated 23.11.2005, the absconding accused, Naresh Kumar surrendered before the trial Court and he was separately tried and vide judgment and order dated 15.10.2007 he too was acquitted of the charges. The State has preferred CRAA No. 30/2006 against the judgment and order dated 23.11.2005, acquitting two of the accused persons and CRAA No. 04/2008 has been preferred against the acquittal order dated 1