BALRAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In regard to an incident which took place on 5-5-1990 at about 8.30 p.m. in village Jangal, Police Station Pathankot, a complaint was lodged against 6 accused persons which was recorded by ASI Ram Dass and on completion of the said investigation, he filed a charge-sheet only against Nachhattar Singh A-1, Prem Singh A-5 and Sukhdev Singh A-6. During the course of the trial, the learned Sessions Judge found sufficient material to proceed under S. 319 of Cr. P.C. against the other 3 accused, namely, Balram Singh A 2, Khushal Singh A-3 and Parhlad Singh A-4, and having included them in the array of accused persons, he tried all the six for the offences punishable under Ss. 307, 302, 326, 324, 148 read with S. 149, I.P.C.

(2.) In appeal before the High Court of Punjab and Haryana at Chandigarh, the High Court allowed the appeal of 3 of the accused persons, namely A-4 to A-6, and confirmed the conviction and sentence imposed on the other 3 appellants i.e. A-1 to A-3.

(3.) Out of the 3 accused persons convicted by the High Court, A-1 has not preferred any appeal and only A-2 and A-3 are before us in this appeal.