STATE OF PUNJAB Vs. SUKHCHAIN SINGH

JUDGEMENT

(1.) Criminal Appeal No. 254 Of 2002

(2.) Challenge in this appeal is to the order of a Division Bench of the Punjab and Haryana High Court upholding the acquittal of the respondents. The responders were respondents in Criminal Appeal No. 537-DBA of 1997. The High Court heard four appeals but we are concerned with the two appeals only i.e. Criminal Appeal No. 537-DBA of 1997 and Criminal Appeal No. 170-DB of 1997 (Paramjit Singh v. State of Punjab) and disposed the appeals along with two other appeals. Respondents faced trial along with two others namely Mohan Singh and Paramjit Singh for alleged commission of offences punishable under Sections 148, 302, 307, 326, 325, 323/302 read with Section 149, 307 read with Section 149, 326/149, 325 read with Section 149 and 323/ 149 of the Indian Penal Code, 1860 (in short the 'IPC'). Another accused Harbhajan Singh died during trial.

(3.) The trial court held that the accusations were not established so far as the present respondents are concerned but found the two co-accused persons Mohan Singh and Paramjit Singh guilty of various offences. Criminal Appeal No. 537 DBA of 1997 was filed by the State questioning acquittal of the respondents. The connected Criminal Appeal No. 587 of 2002 has been filed by the accused-Paramjit Singh who was appellant in Criminal Appeal No. 170-DB of 1997 before the High Court. Prosecution version leading to the trial of the accused persons is as follows :