RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Ranjit Singh, Kulwinder Singh @ Kuljit Singh and Rajender Singh @ Raju have filed this petition under Section 482 of the Criminal Procedure Code (in short, Cr. P. C.) for quashing FIR No.85 dated 29.09.2006 under Sections 364A, 344, 148, 149 IPC registered at Police Station Bhadson, District Patiala Annexure P-2, charge sheet dated 27.11.2008 Annexure P-4 and all consequential proceedings. Petitioners have alleged that regarding the same occurrence, FIR No.1679 dated 12.09.2006 under Sections 147, 148, 149, 307, 328, 347, 364A, 358, 120B IPC Annexure P-1 was registered in Police Station Sitar Ganj, District Udham Singh Nagar, Uttrakhand and in the said case, petitioners along with four others namely Sukhdev Singh @ Laddi, Mukhtiar Singh Mukhi @ Laddi, Mohender Singh and Gurmeet Singh S/o Mohender Singh stand convicted and sentenced by learned Sessions Judge, Udham Singh Nagar, Uttrakhand vide judgment and order dated 23.09.2011 Annexure P-3. It has thus been alleged that for the same occurrence, the petitioners cannot be tried in FIR Annexure P-2 and charge sheet Annexure P-4.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) I have carefully considered the rival contentions. FIR Annexure P-1 is against eight accused, out of whom seven accused confessed their guilt and were convicted and sentenced vide judgment and order Annexure P-3 and trial in the said case thereafter proceeded against 8th accused Gurmit Singh @ Master S/o Bhel Singh only. In FIR Annexure P-2 and charge sheet Annexure P-4, there are nine accused but out of them, seven accused are the same who have been convicted vide judgment and order Annexure P-3. Perusal of FIR Annexure P-1 and FIR Annexure P-2 coupled with judgment and order Annexure P-3 reveals that both the cases relate to the same occurrence and substantially for same offences.