The main stake of argument as developed by the learned counsel for the petitioner is that since complainant Makhan Singh, who was challaned in another case, was acquitted on the ground that the accused of the present case were aggressors, therefore, the Appellate Court fell in error while acquitting them of the charges and case deserves to be remanded for fresh consideration. In this regard, it is observed that at the time of hearing the appeal, the prosecution did not bring to the notice of the Court regarding the judgment passed against Makhan Singh and the said judgment was not made part of the record as a piece of evidence to be used against the appellants. At the same time, the said judgment could not be made the basis for convicting the accused as the evidence or the observations made in a cross case or another criminal case could not be read into evidence in the instant case. Secondly, the Appellate Court observed that the trial Court fell in error while placing reliance on the cross version while deciding the trial against the respondents which is not permissible. In this regard, reference was made to the Supreme Court judgment delivered in case Mitthulal and another versus The State of Madhya Pradesh AIR 1975 Supreme Court
