Evidence Sec 43 Ali Hasan v. State, (1975 Crl.LJ. 345) following the decision in Kharkan's case (AIR 1965 SC 83) held that neither reasons (sic) for decision in later case. The contention was that the accused in that case was acquitted in an earlier case and a certified copy of the judgment in that case was attempted to be produced. It was held that even if the certified copy of judgment was accepted as additional evidence, it does not in any way advance the case of the accused since the judgment produced can be utilised for the purpose of showing that he was acquitted in the sessions trial. Neither the evidence on record nor the reasons contained the judgment can be taken into consideration for deciding the present appeal. The reasoning in the earlier judgment could not he relied upon as it proceeded on evidence which was recorded separately and which was considered separately. It was also noticed that the sessions trial which ended in acquittal was connected with a dacoity and the acquittal was on the ground that the identification witness did not have sufficient opportunity to recognise the accused.