GIREESH Vs. RAHIM

JUDGEMENT

(1.) Crl.Appeal No.407 of 2008 is filed against the common judgment dated 6.2.2008 in Session Case No.666 of 2005 and 668 of 2005. Crl.R.P.No.2702 of 2008 is filed against the judgment dated 6.2.2008 in Sessions Case No.667 of 2005. Sessions Case Nos.666 of 2005 and 668 of 2005 are the main cases and Sessions Case No.667 of 2005 is the counter case relating to a same incident. Since the Criminal Appeal and revision are arising out of a case and counter case, I think this appeal and revision can be disposed of by a common judgment.

(2.) Firstly I will consider Crl.Appeal No.407 of 2008, which arises from Sessions Case No.666 of 2005 and Sessions Case No.668 of 2005.

(3.) Therefore, it is clear that in the police charge case, there are only three accused and in the private complaint, there are four accused. The incident is the same, but there are different accused in both the cases and the offences alleged are also different. The learned Sessions Judge tried both these cases together jointly. Both the cases are disposed of by a common judgment. It is clearly stated that, both the cases are tried together jointly.