- (1.) I have the benefit of going through the opinion of my esteemed Brother Justice S.B. Sinha, J. However, I am unable to agreed with the said judgment.
(2.) Leave granted in both the cases.
(3.) The present judgment will dispose of the Criminal Appeal arising out of SLP (Criminal) 2094 of 2007 and also Criminal Appeal arising out of SLP (Criminal) 2117 of 2007. However, for the convenience sake we will be dealing with the facts arising out of SLP (Criminal) 2094 of 2007 which are identical with the facts arising out of SLP (Criminal) 2117 of 2007.;