Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 34 & 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, rioting---Cross version in two FIRs---Record showed that another FIR under Ss.324 & 34, P.P.C., had been registered about the same incident on the report of one of the accused persons wherein complainant party had been nominated as accused---Both the FIRs showed that the date and place of occurrence as well as parties were the same with slight variation in the time of occurrence---Record of said other FIR though was requisitioned by the Trial Court, but the trial of both the cases were not conducted side by side---Trial Court had found that said other FIR, was not a cross-case of the earlier FIR, on the ground that time of occurrence in the two FIRs varied---Validity---Date and place of occurrence as well as parties in both the FIRs being the same, mere slight variation in the time of occurrence, could not be convincing ground for forming an opinion that the cases were not cross cases---Trial in both the cases, was to be conducted side by side as in such like cases, the prime question was the determination of aggressor and aggressed upon---Such question, could not be determined, without analysis of the evidence of both the cases---Trial Court without conducing trial in the case of said other FIR in a haphazard manner dealt with the trial of accused persons and recorded their convictions and sentences, which were against the practice in cases of counter-versions---Salutory practice in trial of two criminal cases relating to the same incident, was that both the cases were to be tried and disposed of by the same court by pronouncing s on the same day---Two different versions of the same incident, resulting in two criminal cases, were compendiously called, "case and counter case" or "cross cases"---Fair procedure, which was to be adopted, was that the Trial Court had conducted the trial in both the cases side by side---Impugned was set aside and case was remanded to the Trial Court for decision afresh, after conclusion of trial in the cross FIRs---Trial Court, would on conclusion of trial in the said other FIR and hearing the…

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