Law:

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  Criminal Case-Counter-case-Practice and procedure -Simultaneous trial by same Judge, desirable-Record of one cannot be used in disposing of other - Risk of conflicting finding--Evidence.   Banappa Kallappa Ajawan and others v. Emperor A I R 1944 Born. 146 (147) rel.   Judgment-Criminal case and counter-case-Trial by same Judge - Judgment not to be pronounced unless both cases had finished. JUDGMENT   MURSHED, J.-Appellant Sahed Ali Sardar alias Sahed Ali and Kader Majhi were tried by Mr. Mafizul Huq, Additional Sessions Judge, Bakarganj with the aid of Assessors.   Appellant Sahed Ali was charged under section 302 of the Pakistan Penal Code andappellant Kader Majhi was charged under section 324 of the said Code.   Prosecution case, in substance, is as follows . Mouja Tetulia within police station Hizla in the district of Bakerganj is divided by a river carrying the same name. Tetulia Mouja is to the west of the river running north to south, and Tetulia Char and Char Sultani Santoshpur, are situated to the east of the said river. Tetulia Char being to the north of the other Char. Both P. W. 1 Makbul Ahmed, who is the complainant in this case, as well as one Fazle Karim Akon, who is a co-accused of the appellant in the trial Court, belonged to Mouja Tetulia. Certain plots of land of both the Chars belonged to P. W. 1 Makbul Ahmad. One of the plots belonging to him in Tetulia Char is plot No. 4476, plot No. 2545 lying to the southwest of the aforesaid plots is Sultani Santoshpur Char under the Ulania Estate and the Government both being landlords in respect of these plots. Makbul Ahmed along with two other persons by the name of Nazem Ali Akon and Fazle Karim Akon took settlement of 8 annas share in respect of these plots from the Ulania Estate while Makbul Ahmed and Nazem Ali Akon took settlement in equal shares from the Khas Mahal in respect of the remaining 8 annas share. These co-sharers possessed the said plots for the last 1.1 or 15 years. Makbul Ahmed also possessed the aforesaid plot No. 4476 of Tetulia Mouja. In a portion of this plot Makbul Ahmed had grown seedlings. Fazal Karim Sikdar (co-accused of the appellant) also…