NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AS identical questions of law and facts are involved, therefore, I propose to decide CRM No. M-39166 of 2011 titled Nirbhai Singh and others Vs. State of Punjab and others (for brevity "the 1st case) and CRM No. Crl. Misc. No. M-39166 of 2011 (O&M) & -2- Crl. Misc. No. M-38979 of 2011 (O&M) M-38979 of 2011 titled Gurdev Singh & others Vs. State of Punjab & others, (for short "the 2nd case"), arising out of the same incident/FIR, by means of this common judgment, in order to avoid the repetition.

(2.) THE contour of the facts and material, culminating in the commencement, relevant for disposal of the instant petitions and emanating from the record is that, initially in the wake of complaint of complainant Amar Singh son of Attar Singh-respondent No.2 (for brevity "the complainant in the 1st case"), a criminal case was registered against the petitioners-accused Nirbhai Singh son of Joginder Singh and others, for causing injuries to complainant, Gurdev Singh son of Amar Singh (respondent No.3) and Parkash Singh son of Amar Singh (since deceased), vide FIR No.103 dated 26.08.2002 (Annexure P-1), on accusation of having committed the offences punishable under Sections 323 & 324 read with Section 34 IPC (offence punishable under Sections 325 and 326 were later on added), by the police of Police Station Bassi Pathana, District Fatehgarh Sahib.

(3.) AFTER completion of the investigation of both the cross criminal cases, the police submitted the final police reports (challan). Accordingly, the petitioners-accused were charge-sheeted for the commission of indicated offences by the trial court and the cross-cases were slated for evidence of the prosecution.