GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The substantive question before us is whether the High Court was right in reversing the view expressed by the Trial Court that the provisions of Section 149 of the Indian Penal Code (for short IPC) did not apply to the facts and circumstances of the case. Our answer is in the affirmative and we uphold the decision of the High Court in this regard. The appeals before us require to be dismissed.

(2.) Two appeals are before us: The first appeal is Criminal Appeal No. 1782 of 2008 filed by Gurmail Singh son of Bachan Singh. He has challenged his conviction by the High Court for an offence punishable under Section 302 of the IPC for which he was earlier acquitted by the Trial Court. He has also challenged the upholding of his conviction by the High Court for an offence under Section 324 of the IPC for causing injuries to Kaka Singh and Piaro.

(3.) The second appeal is Criminal Appeal No. 1783 of 2008 filed by Gurmail Singh son of Nahar Singh. He has challenged his conviction by the High Court for an offence punishable under Section 302 of the IPC read with Section 149 thereof as well as for an offence under Section 148 of the IPC. Gurmail Singh son of Nahar Singh has also challenged his conviction under Section 324 read with Section 34 of the IPC for causing simple injuries to Kaka Singh and Piaro as well as his conviction under Section 326 read with Section 149 of the IPC for causing grievous injuries to Gurmail Kaur. Gurmail Singh son of Nahar Singh had earlier been acquitted of all charges by the Trial Court.