Mohan Shantanagoudar, J

1. The Division Bench has referred the following questions for consideration by Larger Bench:-

(1) Whether the proceedings are vitiated if the case and counter case are not tried as held by the Honorable Supreme Court in Nathi Lal vs. State of U.P. reported in 1990 SCC (Cri) 638 and Sudhir and others vs. State of M.P. reported in 2001 SCC (Cri) 387?

(2) Whether the evidence recorded in one case can be looked into the other case? If so, when and to what extent?

(3) If the Trial Court disposes of case and counter case on different dates acquitting the accused therein and no appeal is preferred in one of the cases and appeal is preferred in the case decided later whether the proceedings in the later case are vitiated?

2. Brief facts leading to this reference are as under:

The case and counter case i.e., Sessions Case No. 1/1995 and Sessions Case No.11/1995, arose out of the same incident that occurred at 2.00 P.M. on 31.3.1994 in front of Neelamma Temple, situated at Hippatheri Magani, Hospet Taluk, Bellary District. Though the aforementioned two sessions cases were the case and the counter case (or cross cases), they were not tried simultaneously and